Delhi Rent Control Act, 1958, Section 2(1), 14, 50, Civil Procedure Code, 1908, Section 47 -- Heirs of statutory tenant for commercial purposes - Tenancy not heritable as such suit for possession decreed by Civil Court - Subsequently Supreme Court holding that statutory tenancy for commercial premises is heritable - Objection taken that decree passed by Civil Court is..........
Civil Procedure Code, 1908, Section 47 -- Objection by subsequent vendees of non-impleading - Prior to filing of suit property in dispute already sold - Fact mentioned in written statement - Despite this decree-holders chose not to implead subsequent vendees as parties - Decree not executable against subsequent vendees...........
Civil Procedure Code, 1908, Section 47 -- Locus standi to file objections to execution of decree - Objector found to be in bona fide possession of property in dispute in his own right - Entitled to maintain objection petition...........
Civil Procedure Code, 1908, Section 47 -- Vague decree - Specific portion of Khasra numbers to be handed over to decree-holders not specified in the decree - Decree not executable...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power can be exercised when there is error apparent on the face of record - An error which is not self evident and has to be detected by a process of reasoning cannot be said to be an error apparent on the face of record justifying Court to exercise its power of review - If there is a clear distinction between an..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Application can be filed only by a party to the lis - Review application is not maintainable at the instance of a third party...........
Civil Procedure Code, 1908, Section 151, Order 47, Rule 1 -- Fraud - Order obtained by practising fraud - Court has always power to recall its order vitiated by fraud - When order of injunction to restrain authority from proceeding with formation of layout on acquired land and allotment of sites to applicants, was obtained by misrepresenting facts, Court has inherent power..........
Civil Procedure Code, 1908, Section 152, 47, Order 7, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 3 -- Immovable property not definitely identified - Decree passed overlooking the provisions of O.7.R.3 & O.20.R.3 CPC - It is an inadvertent error and does not affect the merits of the case - Error can be rectified by having resort to S.152 or S.47 CPC...........
Civil Procedure Code, 1908, Section 152, 47, Order 7, Rule 3, Civil Procedure Code, 1908, Section , Order 20, Rule 3 -- When suit as to immovable property decreed and property not definitely identified - Defect in Court record caused by overlooking of provisions contained in Order 7 Rule 3 and Order 20 Rule 3 - Capable of being cured - Resort can be had to Section 152 or..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 34, 32 -- Decree for specific performance of contract for sale of immovable property - Draft sale deed accompanied by a notice requiring objections to be made by judgment-debtor as provided by sub-rule (2) of Rule 34 of Order 21 not caused to be served by Court - Judgment-debtor repeatedly insisting on draft sale deed..........
