Civil Procedure Code, 1908, Order 21, Rule 35, Civil Procedure Code, 1908, Order 20, Rule 12, Civil Procedure Code, 1908, Order 7, Rule 3 -- Execution - Decree for possession and mesne profits - Description of property - Suit was in respect of Plot No.4/4 and mesne profits and damages were awarded in respect of said plot - Decree thus, not executable against adjacent plot..........
Arbitration and Conciliation Act, 1996, Section 36 -- Arbitral award - Enforcement - Where time for making an application to set aside arbitral award has expired u/s 36 of the Act, award might be enforced in accordance with provisions of CPC in the same manner as it were a decree of Court...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Plaintiffs are domius litis and nobody can be permitted to be impleaded as defendants against the wish of plaintiffs, unless Court suo motu directs to join any other person not party to suit for effective decree and/or for proper adjudication as per O.1.R.10 CPC...........
Civil Procedure Code, 1908, Section 115 -- Revision - Executing Court contemplated enquiry for ascertaining whether land in question is part of executable decree - Enquiry report does not fall within purview of "any case which has been decided by any Court subordinate to such High Court" - Powers u/s 115 CPC cannot be invoked for challenging enquiry report...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge as to - Compromise decree which is vitiated by fraud, coercion or misrepresentation, undue influence or mistake can be recalled by same Court - Separate suit to challenge such decree is clearly barred by O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - Attachment of property - JD cannot stall execution of money decree on the ground that he filed petition to set aside ex-parte decree unless stay of execution is obtained - Order of sale and attachment of suit property held, Proper...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Suit for annulment of two sale deeds and a presumptive decree of possession - Trial Court held that none of the three plaintiffs are party in the impugned sale deeds - Need to pay ad valorem Court fee in regard to relief of declaration these deeds as null and void gets obviated - As regards..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment or decree during pendency of appeal - Where judgment or decree injuncts either of parties before Court from performing any particular act, ordinarily, no stay of such an order can be sought as it would amount to placing the clock back and restoring status quo ante...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of a judgment and decree during pendency of appeal - An order which restraint dis-possession cannot, ordinarily, be stayed at an interlocutory stage in appeal...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment and decree during pendency of appeal - Stay of a judgment or decree is a concept unknown to law - What can be stayed is the operation or execution of a judgment or decree...........
