Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - A decision or order cannot be reviewed merely because it is erroneous...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power of Court qua review jurisdiction is no longer res judicata...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power of Court qua review jurisdiction is no longer res judicata...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction petition - Tenants resisting the decree on the same ground which was rejected by High Court earlier - Executing Court rightly dismissed the application u/s 47 CPC...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Power u/s 47 CPC is microscopic and lies within a very narrow inspection hole...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Petitioners have not raised any serious objection in terms of S.47 CPC - Only objection raised was that Court ought not to proceed with ordering JD to execute sale deed in view of pendency of first appeal - Even, no stay sought from appellate Court - Executing Court itself would not refuse to proceed with..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - When the alleged error for seeking review of judgment cannot be construed to be an error apparent on the face of record and same also does not pertain to any new evidence emerging after passing of judgment nor to evidence, matter cannot be termed to be one falling within purview/ambit of provision of O.47.R.1 CPC...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 101 -- Execution - Third party objections - Decree for specific performance - Petitioner claimed that he purchased the suit property under a registered sale deed for valid consideration from defendant no.5 - However, he purchased the suit property subsequent to registration of deed of sale in favour of DH while..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - S.47, CPC, being one of the most important provisions relating to execution of decrees, mandates that an executing court shall determine all questions arising between the parties to the suit or their representatives in relation to the execution, discharge, or satisfaction of the decree and that such..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court can dismiss an execution application if decree put to execution is unmistakably found to suffer from an inherent lack of jurisdiction of Court that made the same rendering it a nullity in the eye of law...........
