Civil Procedure Code, 1908, Order 21, Rule 34, Civil Procedure Code, 1908, Order 7, Rule 3, Civil Procedure Code, 1908 -- Execution - Decree for specific performance - Property not identified definitely - Successful plaintiff cannot be deprived of fruits of decree - Executing Court to take such steps as may be necessary for fixing identity of property - Executing Court may..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Keeping in view amendment sought in written statement and previous litigation more particularly process of Court which ultimately resulted in decree for specific performance and execution of sale deed in execution of said decree, High Court is of considered opinion that amendment of written..........
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 21, Rule 97, 101 -- Execution - Decree for specific performance - Third party objections - Application for impleading in the suit dismissed - Order not challenged - Obstructers therefore not entitled to obstruct the decree in execution petition, more so when rights of some of obstructers were resolved in individual suits filed by them...........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of specific performance - DH/vendee did not deposit the balance amount within time, nor he filed any application for making deposit or extension of time for deposit of balance amount - Even no explanation has been given for the same - Decree of specific..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Defendant filed the application for setting aside ex parte decree at the stage of execution and that too beyond limitation - Defendant contended that plaintiff forged the agreement in question which was worth about Rs.25 lacs - Value of property cannot be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Preservation of property is fundamentally important lest a judgment and decree in favour of plaintiff subsequently passed is rendered incapable of execution - Thus, it is proper in facts of case to restrain defendant from alienating, transferring or otherwise creating..........
Civil Procedure Code, 1908, Section 47, 152 -- Execution - Wrong description of area - Decree of specific performance - 0.74 acres or 0.74 decimal (0.74 decimal comes to about 35 square yard) - Land sold for agricultural purposes - 35 square yards is not sufficient even for constructing a house - Wrong description of area was merely inadvertent error of typing - Such error..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Adjustment - Annulment of decree for specific performance - Money payable under decree paid out of Court settlement to decree holder - Application is not one u/o 21.R.2 CPC - Application is not maintainable...........
