Civil Procedure Code, 1908, Section 47 -- Execution - Eviction decree - Decree passed on the ground that plaintiff has supported the facts as pleaded in plaint and defendant has not contradicted the averments made by plaintiff and has not produced any evidence in defence - Decree was passed without recording finding as to existence of grounds of eviction - Held, decree..........
Civil Procedure Code, 1908, Order 21, Rule 85, 90, Limitation Act, 1963, Article 136 -- Execution of decree - Limitation period - Within 12 years from the date when decree becomes enforceable - Held, it cannot be interpreted that execution proceedings would terminate if decree was not satisfied in 12 years from date of decree - It will continue till amount due is not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings - Executing Court cannot stay the execution proceedings merely for the reason that a separate application U.O.9.R.13 CPC is filed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court while seized of application U.O.9.R.13 CPC has to decide independently the application for staying execution proceedings on the well established principles of prima facie case, balance of convenience and irreparable loss and injury...........
Civil Procedure Code, 1908, Section 47 -- Execution - Joint and several decree - Decree holder has a right to proceed against any or all the judgments debtors - All the J.D's are to be arrayed as parties - Filing of Execution petition against one of the J.D. is unsustainable...........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Execution - Detention in civil prison - Decree of perpetual injunction - Breach of decree - Other modes of complying the decree viz. to attach the property, providing an opportunity to the J.D. to obey the decree etc. not adhered to - Order of detention in civil prison can be passed as the last resort - Impugned order set..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Construction raised by plaintiff or his predecessor existing in the suit property - Depicts plaintiff in prima facie long established possession - Plaintiff cannot be dispossessed therefrom in execution of partition decree - However, in execution thereof he may take symbolic possession if the same..........
Civil Procedure Code, 1908, Section 37, 38, 39 -- Execution of decree - Held, Court which passed decree as well as Court to which jurisdiction is transferred are having jurisdiction to entertain application for execution of decree - Court which passed decree can either execute same by entertaining an application or it can transmit decree to other Court which is conferred..........
Civil Procedure Code, 1908, Section 151, 37, 38, 39, Order 21, Rule 99, 97 -- Transfer of execution petition - Ground of pecuniary jurisdiction - Locus standi - Legal heirs of defendant against whom execution petition was filed did not raise any objection with regard to jurisdiction of executing Court - Held, third party cannot raise question with regard to jurisdiction of..........
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...........