Evidence Act, 1872, Section 68, Civil Procedure Code, 1908, Order 41, Rule 27 -- Certified copy of document cannot be received in evidence when its execution is denied - Such document can be proved only as provided u/s 68 of Evidence Act - Appellate Court cannot call for a document the genuineness of which is disputed...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree - Suit for declaration and permanent injunction - Compromise decree - Execution petition filed by decree holder U.O.21.R.32 alleging that judgment debtor willfully disobeyed terms of compromise and Court orders - No specific averments made to show violation of compromise decree - Held, mere filing of two..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Disposal of objections of third party in a summary manner - Held, not proper - Executing Court is required to adjudicate upon claim of third party by considering relevant documents and relevant evidence...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Petitioners on basis of alleged sale deed moved impleadment application in proceedings - Application rejected - Petitioners neither decree holders nor auction purchasers - Petitioners have no right to make objection or application U.O.21.R.97 CPC - Petitioners themselves are responsible for creating..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections U.O.21.R.97 CPC - Executing Court must show promptness in rejection of indiscreet objections at the instance of unscrupulous obstructionists to facilitate expeditious execution of a decree...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections U.O.21.R.97 CPC - Rejection - Order neither perverse, nor suffering from any error apparent on face of record - Order not causing failure of justice - Writ petition against order is untenable...........
Criminal Procedure Code, 1973, Section 482 -- Sale of property by impersonation - When there are serious allegations of fraud and impersonation, a criminal case cannot be shut out on the ground that the dispute appears to be of civil nature - Execution of sale deed by impersonation is a very serious matter...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Possession delivered subsequent to the execution of agreement to sell - If agreement to sell had been executed through registered document then subsequent delivery of possession can also take place through registered document - Absolutely no occasion to grant temporary..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Pre-mature execution - Once the application is found pre mature, any observations on merits, even if made in the order, is of no consequence - Same has to be ignored for the purpose of deciding whether second application for execution is barred by the principle of res judicata...........
Civil Procedure Code, 1908, Section 47 -- Final partition decree alleged to be inexecutale being vague - Commissioner had suggested two options in his report to divide the property - Trial Court left the exercise of selection of the option to the stage of execution - That does not render the decree vague...........
