Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court cannot examine the validity of order of Court which had allowed the execution of decree unless Court's order is itself without jurisdiction...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All the questions between parties can be decided by executing Court and these questions are limited to execution of decree - Executing Court can never go behind the decree...........
Agreement to sell -- Suit for specific performance - Ex parte decree against minor who was being represented by her mother and natural guardian - Court ought to have appointed a Court guardian as mandated U.O.32.R.3 CPC and failure to appoint such a Court guardian of minor, vitiates the entire judgment and decree...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Suit for specific performance - Non-framing of an issue with regard to readiness and willingness - It is mandatory requirement of Courts to frame such an issue in view of S.16(c) of Specific Relief Act - Further, when Specific Relief Act specifically mandates that unless and until, readiness and willingness is..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Third party who has got interest in the property which is subject matter of execution proceeding can file an application U.O.21.R.97 CPC - However, there must be a decree for possession or an immovable property should have been attached and sold in the course of execution proceeding and..........
Special Marriage Act, 1954, Section 28 -- Divorce by mutual consent - Parties are living separately for last more than four years and stated that they cannot live together any further - Since both the parties appeared in person and submitted that waiting period will prolong their agony and as efforts of reconciliation have also failed, it is proper to condone the cooling..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-filing of application for condonation of delay - Preliminary decree in partition suit passed by trial Court was affirmed upto High Court - Merely on technicalities one should not be made to suffer the rights adjudicated upto level of High Court on the ground of delay or non-filing..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of partition suit - Dismissed in default after passing of preliminary decree - Suit dismissed due to non-appearance of counsel for plaintiff though suit proceedings were being regularly adjourned for last nine years awaiting orders from High Court - Merely non-appearance of plaintiff or his counsel on one occasion..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-filing of application for condonation of delay - Preliminary decree in partition suit passed by trial Court was affirmed upto High Court - Merely on technicalities one should not be made to suffer the rights adjudicated upto level of High Court on the ground of delay or non-filing..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of partition suit - Dismissed in default after passing of preliminary decree - Suit dismissed due to non-appearance of counsel for plaintiff though suit proceedings were being regularly adjourned for last nine years awaiting orders from High Court - Merely non-appearance of plaintiff or his counsel on one occasion..........
