Transfer of Property Act, 1882, Section 52 -- Lis pendens - Pendency of a suit or a proceeding - Principle of lis pendens apply not only upto the stage of passing of final decree by trial Court or by last Court of appeal but also applies upto the stage of complete satisfaction or discharge of such decree or order or otherwise becomes un-executable...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Does not prevent alienation of property - It only postulates a condition that alienation would in no manner affects the rights of other party under the decree which may be finally passed in the suit...........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Cancellation - Plaint drafted to look as if relief of declaration is claimed whereas in fact relief claimed for cancellation of decree and sale deed - In the absence of cancellation of decree and sale deed the relief claimed for possession by way of partition cannot be granted - Plaintiff liable to pay ad valorem court..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Irregularity of service of notice - To be ignored only if Court is satisfied that party had notice of the date of hearing and had sufficient time to appear and contest the claim of plaintiff...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Proviso - Exparte decree - Setting aside - Defendants not served with summons - Proviso of O.9.R.13 does not come into play...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Date of knowledge of exparte decree - Plaintiff did not execute the decree for 12 years and kept it as guarded secret - Held, there is no reason to disbelieve the evidence lead by defendant with regard to the date of knowledge of the exparte decree...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Execution - Stay - Money decree - Stay granted subject to deposit of certain amount - Condition complied - D.H. taking stand that entire decree will be taken as satisfied if he is allowed to withdraw deposited amount alongwith interest accrued thereon - Decree modified accordingly...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - No instructions - Application for restoration of appeal filed immediately on coming to know about the order - Appellant not present due to illness - Order of dismissal set aside - A party cannot be allowed to suffer for the fault on the part of his counsel...........
Limitation Act, 1963, Section 12(1), 5, Article 136, General Clauses Act, 1897, Section 9 -- Decree - Execution - Limitation - Date of decree is to be excluded when computing period of limitation for execution of decree...........
Limitation Act, 1963, Article 136, Civil Procedure Code, 1908, Order 21, Rule 7 -- Date of decree - Irrespective of date on which the decree was drawn up, date of decree is date of judgment...........
