Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Injunction - Violation - Decree of injunction passed against State - In violation of the decree of injunction officials of the State demolished boundary wall and gate constructed by DH, though officials were supplied copy of injunction order - Held, officials cannot be allowed to take plea that they were not..........
Civil Procedure Code, 1908, Order 21, Rule 35, Evidence Act, 1872, Section 116 -- Estoppel - Execution - Decree for possession - Challenge by judgment-debtor on ground that third co-sharer not party to license deed - JD never raised issue of third co-sharer before any Court, except in review petition - Since license created only by plaintiffs - JD estopped from raising..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite - Applicant not approaching Court immediately after execution of sale deed and approached Court only after evidence of defendant was closed - Order dismissing application - No interference...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Thumb impressions of some body else on summons - Trial Court set aside the ex parte decree by holding it to be the result of fraud - Decree passed in 1980 but application to set aside it filed in 1997 when served in execution petition - Certified copy of..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Handwriting expert cannot be examined in rebuttal evidence to prove the due execution of the agreement which plaintiff is required to prove only while leading evidence in affirmative - If plaintiff failed to lead evidence by way of examining a handwriting and finger print expert in affirmative to prove the..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 21, Rule 37 -- Maintenance pendente lite - Execution petition - Arrest and detention - Procedure prescribed is to be followed - Scope of enquiry is as to the means, possessed by J.D. and his disinclination to pay the decretal amount - Order of detention set aside as prescribed procedure not followed...........
Criminal Procedure Code, 1973, Section 125(3), Limitation Act, 1963, Section 15 -- Maintenance - Execution - Limitation - One year - Limitation for filing application for execution is to be computed upon excluding the period during which the order of stay was operating...........
Civil Procedure Code, 1908, Section 34 -- Suit for specific performance - Alternative relief of payment of earnest money granted - Interest payable at the rate of 12% from the date of execution of agreement till the date of passing of the decree - Future interest i.e. from date of passing of decree to date of realization will be 6% which will be payable on the principal..........
Civil Procedure Code, 1908, Section 50, Order 21, Rule 32 -- Execution - Decree for permanent injunction can be executed against L.R's of J.D. - However, legal representatives are liable only to the extent of the property of deceased which has come to their hands by way of inheritance...........
Civil Procedure Code, 1908, Order 21, Rule 72 -- Execution - Granting permission to D.H. to give the bid - None came forward to give the bid as such Executing Court allowed D.H. to give the bid at the time of auction of the property - Order upheld...........
