Civil Procedure Code, 1908, Section 47 -- Execution - No objection can be entertained at the stage of execution when decree is put to challenge in independent suit...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Expression "during the pendency of suit" - Ought not to be understood as after the decree is passed - O.22.R.10 CPC thus, allows for impleadment to subsequent purchaser only during pendency of a suit - Subsequent purchaser cannot have resort to O.22.R.10 CPC or make an objection at the stage of execution...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of local Commissioner - Objection as to legality and validity of Commissioner's report, if not redressed by trial Court, same can be raised in appeal - Even if objections raised to the report of Local Commissioner are rejected, aggrieved party can still agitate the legality and validity thereof at the time of final..........
Evidence Act, 1872, Section 3, 61 -- Document - Admissibility and mode of proof - Objection as to - Objection to mode of proof of document has to be raised at the first opportunity - However, objection with regard to admissibility of document in evidence can be raised at any stage of trial, appeal or revision - But before any such objection is raised it is necessary that..........
Insecticides Act, 1968, Section 24(4) -- Insecticide - Sample found misbranded - Re-analysis of second sample - Such right extends to accused and complainant - Person from whom sample was taken, the right to raise an objection is circumscribed by requiring him to indicate his intention to do so within 28 days of the receipt of the copy of the report - However, no such..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4, Civil Procedure Code, 1908, Order 18, Rule 4 -- De-exhibiting of documents tendered alongwith affidavit of examination-in-chief - A party can raise objection qua admissibility and mode of proof of documents tendered along with affidavit of examination-in-chief at the time of cross examination of the witness..........
Civil Procedure Code, 1908, Order 21, Rule 58, 102 -- Execution - Registered sale deed - Specific performance, decreed - Objection to execution raised by purchaser pendente lite - Maintainability - Even though purchaser was not party to suit, but by virtue of provisions of S.52 of TPA, 1882 he is bound by decree passed by trial Court - Thus, a purchaser of suit property..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Deposit of balance sale consideration amount in High Court - Objection that deposit in High Court cannot be treated as deposit of balance amount, is not liable to be accepted as High Court itself has directed the decree holder to deposit the balance amount...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for possession - Amendment sought to add preliminary objection regarding jurisdiction of civil Court to entertain suit as matter relates to consolidation - Proposed amendment would not change nature of case and is necessary for determination of real question in controversy though filed at..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 14, Rule 1 -- Ex parte decree - Setting aside - No objection by plaintiff for setting aside ex parte decree - No necessity to frame an issue for determination - Ex parte decree set aside...........
