Civil Procedure Code, 1908, Section 11, 47 -- Execution - Objections - Res judicata - JDs cannot be allowed to raise objections as to method of execution in instalments...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 64 -- Execution - Auction sale - Sale of property becomes absolute U.O.21.R.92(1) after an application made U.O.21.Rr.89, 90 or R.91 is disallowed and Court passes an order confirming the same - After the sale becomes absolute then Court has to grant a certificate - Certificate has to bear the day on which the sale..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - New defence cannot be permitted to sought in second appeal for which neither foundation was laid in pleadings nor in the evidence...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Eviction - Decree on basis of admission - Plea of sub letting by defendant No.1 to defendant No.2 - Defendant No.2 filed suit for specific performance against plaintiff and on that basis claiming himself to be the owner - By filing suit for specific performance there is clear cut admission that plaintiff is the owner -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to explain facts in detail which are necessary to adjudicate the issue involved in the suit as well as to prove circumstances which necessitated to execute alleged sham and nominal document in favour of defendant - Application filed before the suit was ripe for trial - Trial Court though..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Court while rejecting application u/s 10 CPC has not ascertained as to whether final decision to be reached in previously instituted suit would operate res judicata in subsequent suit - More so, conditions underlying S.10 CPC requiring strict adherence even not considered by Court below - Impugned order of..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Suit for declaration of joint possession and permanent injunction - Admission of one of defendant regarding suit property is joint co-parcenary property in other suit itself does not prove that property is ancestral property when such admission is only pleading in other suit, more particularly when it is proved..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading - To contain a statement in a concise form of material facts but not the evidence by which they are supposed to be proved...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleading - Misrepresentation, fraud or undue influence - To be pleaded with particulars, dates and items in the pleadings...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for specific performance - DH directed to pay balance sale consideration to JD within a period of 2 months - However, it is not envisaged that on failure to deposit balance sale consideration within 2 months, decree in favour of plaintiff would stand frustrated or suit would be deemed to be dismissed..........
