Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Payment of decretal amount out of Court is permissible even during execution proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Payment of decretal amount out of Court - If Court is satisfied that payment is so made to decree-holder out of Court and decree-holder certifies such payment to Court, then Court is bound to record same as provided U.O.21.R.2 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 1, 2 -- Execution - In case decretal amount is realized at any stage before sale is confirmed, the proceedings must stop and execution petition must be closed...........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Property put to auction - Before confirmation of sale, decretal amount paid out of Court - Payment of decretal amount out of Court is permissible even during execution proceedings - If Court is satisfied that payment is so made to the D.H. out of Court and D.H. certifies such payment to Court, then Court is bound..........
Civil Procedure Code, 1908, Section 52, Order 21, Rule 30 -- Money decree - Execution against L.R's - Decree cannot be executed against L.R's by their detention in civil imprisonment as decree against L.R's can only be executed by selling the property which is inherited by the L.R's...........
Limitation Act, 1963, Article 136 -- Execution - Earlier execution petition dismissed as withdrawn as partly satisfied - It does not extend the period of limitation for filing subsequent execution petition...........
Agreement to sell -- Specific performance - Time essence of contract - Time specified for payment of sale price but not in regard to execution of sale deed - Time will become essence only with reference to payment of sale price but not in regard to execution of sale deed. (Contract Act, 1872, S.55)..........
Civil Procedure Code, 1908, Section 47 -- Execution of decree passed on the basis of family settlement - Objection as to stamp duty and registration of decree before the same can be executed - Such objections should have been raised in suit itself - Objections cannot be raised in execution proceedings - Order dismissing objections, upheld...........
Civil Procedure Code, 1908, Order 21, Rule 103 -- Execution - Objections - Dismissal of third party objections - Order has the same force as a decree and is subject to the same conditions as to appeal - Order is appealable - No revision lies thereagainst - Revision petition dismissed as not maintainable...........
Succession Act, 1925, Section 63(c) -- Execution of Will - Held, S.63 does not mandate that Will should contain a statement to the effect that it has been signed in presence of witnesses who have then signed in presence of testator - Notwithstanding a statement made to above effect in a Will, it would be really a matter of evidence whether testator signed Will in presence..........
