Civil Procedure Code, 1908, Section 151 -- Stay of execution proceedings during pendency of application U.O.9.R.13 CPC - Suit for possession by way of specific performance - Executing Court already ordered and got executed sale deed in favour of DH - It was thus too late in the day for JD to move the application u/s 151 CPC for staying the execution proceedings -..........
Civil Procedure Code, 1908, Section 50 -- Execution - Decree of permanent injunction - When J.D. dies before decree is satisfied, it can be executed against his legal representatives...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Partition suit - Held, having regard to nature of controversy and issues involved regarding ownership based on interpretation of documents, questions did constitute substantial questions of law - High Court unfortunately did not examine any document for deciding..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for declaration and permanent injunction - Defendant made admission that plaintiff purchased the suit land under a sale deed - However, legality and correctness of said sale deed is challenged by defendant - There is no clear and u, equivocal admission as regards ownership of suit land - No..........
Civil Procedure Code, 1908, Order 21, Rule 90, 64 -- Auction sale - Setting aside - Property worth Rs.1 crore sold in auction sale at partly sum of Rs.5,50,000 - Sufficient ground to set aside sale...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Suit for permanent injunction - Issue of redemption of mortgage and issue of limitation - Are mixed question of law and facts - Cannot be decided as preliminary issues...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and injunction - Obstruction caused by defendant - Courts below after examining the evidence on record concurrently found that defendants have created the obstruction as alleged by plaintiff - Findings so recorded are pure findings of fact and does not involve substantial question of..........
Civil Procedure Code, 1908, Order 20, Rule 11(2) -- Execution - Money decree - Executing Court has no jurisdiction to grant payment of decretal amount by installment without consent of decree holder...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days - Striking off defence - O.8.R.1 CPC being procedural is not mandatory - It does not impose embargo on powers of Court to extend time, especially in the circumstances, when no penal consequences have been provided - Application allowed subject to payment of cost of Rs.1 lakh...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case for recording additional evidence - Application for additional evidence dismissed by High Court as not pressed - Such order was passed after arguments were heard on behalf of parties and it attained finality - Proceedings which were closed by said order cannot be collaterally opened subsequently on the ground..........
