Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction petition - Tenants resisting the decree on the same ground which was rejected by High Court earlier - Executing Court rightly dismissed the application u/s 47 CPC...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Petitioners have not raised any serious objection in terms of S.47 CPC - Only objection raised was that Court ought not to proceed with ordering JD to execute sale deed in view of pendency of first appeal - Even, no stay sought from appellate Court - Executing Court itself would not refuse to proceed with..........
Agreement to sell -- Specific performance - Plaintiff failed to show that agreement to sell was qua the suit land - Relief of specific performance rightly denied - Decree for recovery of Rs.2 lakhs alongwith future interest of 6% from the date of decree till realization is proper...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary party - Where a person raises a claim over property and where a decree cannot be passed without his presence, he would be necessary party, who is entitled to invoke provision of O.1.R.10 CPC for impleading him in the suit...........
Agreement to sell -- Specific performance - When an agreement to sale is executed but it cannot be specifically performed without permission or sanction of any authority, suit can be decreed and decree for specific performance can be granted subject to obtaining such permission/sanction from competent authority...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Plaintiff once having consciously entered into a compromise showing his inclination not to pursue the suit cannot question execution of the same and based on that cannot seek recall of the decree passed by Court...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Enhancement of - Family Court awarded Rs.5 lakhs as permanent alimony which is not sufficient for whole life particularly when daughter is also living with wife - Period of almost 4 years is going to lapse since passing of decree by itself is a sufficient change in circumstance - Husband is thus, directed to bear..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Dispossession in violation of decree - Petitioner failed to prove the twin requirements which are required to be proved before an order U.O.21.R.32 CPC is passed - Standard of proof required for proving willful violation is to be strictly construed - Moreover, petitioner is basing her case only on the decree,..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel pleaded `No instructions' - Defendant proceeded ex parte and ex parte decree passed without issuing notice to defendant - There is no provision under CPC or rule of practice that in case of no instruction by a counsel, a notice is required to be issued to a party whose..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel pleaded `No instructions' - Defendant proceeded ex parte and ex parte decree passed without issuing notice to defendant - There is no provision under CPC or rule of practice that in case of no instruction by a counsel, a notice is required to be issued to a party whose..........
