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...........
Civil Procedure Code, 1908, Section 47 -- Execution - Executing Court not to consider factors and facts not forming part of judgment and decree...........
Civil Procedure Code, 1908, Order 22, Rule 12 -- Execution - Death of D.H. - Execution proceedings could be continued by the L.R's of D.H. - Every Court has inherent power to permit the L.R's of a party to continue the proceedings initiated by or against his predecessor - Substitution rightly allowed...........
Civil Procedure Code, 1908, Order 21, Rule 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 -- Execution - Attachment of J.D's property not in his possession - Execution application must be clear and with details as required - Warrant of attachment issued at the instance of D.H. based upon vague averments, held, illegal, impermissible and liable to be withdrawn/vacated...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contract Act, 1872, Section 23 -- Execution of sale deed in violation of order of injunction - Such sale deed is unlawful having no legal sanctity...........
Will -- Execution - Proof - Attesting witness - Will proved by examining one attesting witness - Attesting witness examined alleged to be not the one who had attested the Will - In cross examination there is no discussion or even a suggestion that attesting witness examined is not the one who had attested the Will and that he was not the attesting witness to the Will -..........
Jammu and Kashmir Public Safety Act, 1978, Section 8 -- Detention order - Pre-execution stage - Challenge - Held, detention order cannot be challenged at pre-execution stage on ground that person proposed to be detained has not been conveyed grounds of detention or that material relied upon by detaining authority has not been supplied to him or that he has not been..........
Jammu and Kashmir Public Safety Act, 1978, Section 8 -- Detention order - Pre-execution stage - Two of five criminal cases mentioned in dossier have been registered in 2012 and one such case has been registered in 2010. i.e. less than two years before detention order in question was made - Held, occurrences cannot be labelled as distant in point of time...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 22 -- Consent decree - Execution - Consent decree is executable within a period of 12 years...........
