Civil Procedure Code, 1908, Section 50 -- Legal representative - Death of JD - Where decree is executed against a legal representative, he is liable only to the extent of property of deceased judgment debtor which has come to his hands...........
Civil Procedure Code, 1908, Section 47, 50 -- Execution - Objections - JDs claimed that suit property has come to their hands not in their capacity as Lrs but in their independent capacity being male lineal descendants of protected tenant - Said claim raised by JDs therefore, required to be determined by Executing Court as this is a question which relates to execution,..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Certified copies of judgment sought to be produced which are per se admissible - No prejudice would be caused had trial Court allowed certified copies of judgments in issue to be placed on record by putting parties to certain terms - Application allowed subject to payment of costs of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Execution proceedings - Principles of res judicata are not applicable to execution proceedings...........
Civil Procedure Code, 1908, Section 11, Order 21 -- Execution - Dropping of proceedings - Where execution proceedings are dropped on the ground of any technicality, DH is not precluded under law to file a fresh application for execution providing correct particulars for making execution petition executable...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Money decree - Executing Court dropped the execution proceedings on the ground of technicality, without providing any opportunity to petitioner to supply required particulars of properties indicated in application for execution in compliance with provisions of O.21.R.11(2) CPC - Impugned order not sustainable -..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1(a), Commercial Courts Act, 2015, Section 13(1A) -- Order allowing application U.O.7.R.10 CPC - Appeal - Commercial suit - Order is appealable U.O.43.R.1(a) CPC and therefore in terms of S.13(1-A) Proviso of Commercial Courts Act, appeal would be maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(a), Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Non-compliance of provision of S.12-A of Commercial Courts Act - Declaration made by Court u/s 12-A of the Act was mandatory and that any suit instituted violating mandate of S.12-A must be visited with rejection..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Proclaimed offenders - Mere fact that respondents being declared as proclaimed offenders, appearance and examination through video conferencing would not bar criminal proceedings as per criminal law - Application rightly allowed...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Respondent Nos.2 and 3 are residents of Canada - Respondent No.2 is presently in vegetative state and respondent No.3 being his son is to take care of his father - It is not practically possible for both of them to come physically in India for their..........
