Civil Procedure Code, 1908, Order 21, Rule 106 -- Scope - O.21.R.106 CPC provides remedy in case applications U.O.21.Rr.97, 99 CPC were dismissed in default and Court ordered for execution of decree U.O.21.R.23 CPC - It does not provide remedy for recalling the order dismissing execution application of DH in default - Appropriate remedy is to file an application u/s 151..........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Decree not transferred or assigned - Petitioner does not fall in the definition of decree holder, as such, cannot seek execution of decree...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Where the interest of Decree holder in the decree is transferred by assignment in writing or by operation of law, transferee may apply for execution of decree to the Court which it passed...........
Civil Procedure Code, 1908, Section 47 -- Objections - Pre-mature execution - Compromise decree - Time for fulfilling obligation of decree was six months - Execution filed within six months - However, no actual proceeding of execution case is going to be performed before expiry of six months period from decree - Execution decided after six months and no failure of justice..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Compromise decree - Suit for permanent and mandatory injunction - JD contended that DH refused to co-operate in the sale of land as agreed in compromise deed that formed part of decree - However, DH specifically stated that he had not refused to sign the sale deed, as full amount was never paid to him, as..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of second suit - Entire matter of dispute between parties was already resolved by arbitration - Plaintiff cannot take up this matter again relating to part of contract separately by filing a suit before Court - Claim of plaintiff is thus barred by O.2.R.2 CPC...........
Civil Procedure Code, 1908, Section 115 -- Revisional Court - Has ample power to quash any proceeding which is being proceeded without valid sanction of law...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal - Appeal dismissed in default - Application filed within 30 days - Lower Appellate Court ought not to have dismissed appeal in utter haste on the very first day, rather, it could have issued notice to the party, since as per remand order appeal was to be decided within a period of 6 months - Even..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Suit for permanent injunction - Amendment sought to correct the year of tenancy - Suit is at initial stage and issues not yet framed - Proposed amendment is most innocuous in the simplicitor suit for injunction against forcible dispossession and interference - Said amendment would..........
Transfer of Property Act, 1882, Section 58, Civil Procedure Code, 1908, Section 100 -- Mortgage - Plea that mortgage deed is not in accordance with the provision of S.58 of the Act as such it amounts to a sale deed - In view of admission of execution of mortgage deed and in absence of any whisper in the pleadings to the effect that disputed mortgage deed amounts to sale..........
