Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Draft of sale deed in terms of decree delivered to Court - Objections thereto - Mere fact that contention of JD that decree itself is inexecutable was found meritless, would not absolve Court of its duty to proceed with the matter of considering draft sale deed and objections..........
Civil Procedure Code, 1908, Order 20, Rule 10 -- Decree for recovery of gold ornaments - Family Court in view of O.20.R.10 CPC, ought to have granted a decree for recovery of gold ornaments and also in alternative, a decree for market value of gold, in case delivery cannot be had...........
Civil Procedure Code, 1908, Order 20, Rule 10 -- Decree for recovery of gold ornaments - When decree is for return of value of gold as on the date of payment, it shall not carry any interest...........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Decree for recovery of gold ornaments - Wherever a decree has been passed allowing the petitioner, alternative relief of value of gold ornaments as on date of purchase, date of petition, or the date of decree, as the case may be with interest for delayed payment unless it is set aside or modified in an appeal or..........
Civil Procedure Code, 1908, Order 20, Rule 10 -- Decree for recovery of gold ornaments - Family Court Found that husband was entrusted with gold ornaments of wife - However, Family Court failed to grant a decree for return of gold ornaments in specie, but granted a decree for alternative relief alone that too by awarding value of gold as on the date of its purchase, which..........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Cannot be set aside merely on the ground that minor has not been represented except in circumstances where prejudice has resulted consequent upon non-representation of minor by guardian appointed by Court...........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Non-representation of minor or improper representation of minor itself, will give no cause of action to minor to seek setting aside of decree in a contested matter on common litigating issues or rights also available to minor...........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - When it is shown that minor has not been properly represented, Court must conduct an inquiry as to prejudice occasioned to the minor...........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Setting aside - If minor had an independent and distinct right, than that of other litigating parties to the case, Court can easily conclude that prejudice has been caused to minor - If minor is having only a common litigating issue or right, Court has to hold that minor's interest has been..........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Setting aside - If minor is able to demonstrate negligence of party, who litigated issue encompassing minor's interest, substantial representation of minor's interest is still open for challenge in view of O.32.R.3-A CPC - This ground is available to minor even if minor has been represented by a..........
