Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Once on the date of decree, defendant has not been found in possession and decree of permanent injunction has been issued against them, then neither executing Court nor High Court can go behind decree to hold that JDs are in possession prior to decree - Argument raised by JD..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Convenience of wife is not paramount consideration for deciding transfer applications, as alternatives to transfer proceedings have been provided, viz. through Video Conferencing - More so, if matter is to be proved by witnesses of place where matter is being prosecuted then other side can suitably be..........
Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 135 -- Execution - Decree for mandatory injunction - Limitation for enforcement of decree granting mandatory injunction is three years commencing from date of decree or where a date is fixed for performance, such date...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Right of rebuttal to plaintiffs would be with respect to issues on which onus is on defendants and said right will have to be specifically reserved at the time of closing evidence in affirmative or at the stage prior to which defendants lead their evidence - In case no such right is reserved, then said..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff filed suit for declaration on the basis of family settlement - Defendant denied his signatures on alleged family settlement - It was incumbent upon plaintiffs to have led all evidence in affirmative to prove said alleged family settlement - Moreover, there is nothing on record to show that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea raised are mixed questions of fact and law, which will be tried in main suit and cannot be dealt with at the preliminary stage of suit proceedings - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed, declaration and permanent injunction - Sale deed in question executed in favour of defendant Nos. 1 & 2 while playing fraud and misrepresentation without paying sale consideration to plaintiff - It cannot be said that suit has been filed without any cause of action -..........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - Protections available to bona fide claimants U.O.21.Rr.98, 100 CPC do not apply to a transferee pendente lite...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objection by transferee pendente lite - Appellant is a purchaser post-arbitral award for recovery of amount - Execution proceeding was pending when sale deed was entered into between respondent No.2 and appellant - Moreover, appellant failed to discharge the onus on sale being without notice of..........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Third party objection - Judgment debtor cannot defeat a decree by alienating property after decree is passed but before decree is realized...........
