Civil Procedure Code, 1908, Order 9, Rule 13 -- Proviso - Summons served but without copy of plaint - On summons it was mentioned that it was a suit for possession but in fact suit was for specific performance of contract of sale and for possession - Held, it is not due service:..........
Maintenance Petition -- Husband sold his house - Plea of wife that sale deed was executed in order to defeat that claim - Court below directed cancellation of sale deed - Such direction of Court below not justified as the sale deed was executed much before the claim petition was filed...........
Civil Procedure Code, 1908, Order 21, Rule 66, 90 -- Auction sale - Sale proclamation falsely describing property, neither reserve price nor estimated price mentioned - Exact property tax arrears not mentioned - Language used giving erroneous impression that property was seriously encumbered, rental income property yielded not given and property sold at less than 25% of..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Mortgagor challenging defendant-mortgagee's right to auction mortgaged property, filed before auction took place - Subsequent suit for declaration that auction sale was void - Not barred...........
Specific Relief Act, 1963, Section 34 -- Proviso - Suit for declaration that sale deed be declared null and void - Plaintiff not a party to the sale deed and plaintiff asserting to be in possession over the suit land - Held, the suit as framed does not suffer from proviso of S.34...........
Agreement to sell -- Specific performance - Defendant borrowing cer-tain amount from plaintiff and executing agreement of sale of his only piece of land - Transaction is one of loan - Decree for money passed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Sale deed executed In violation of injunction order - Does not invalidate the sale deed or render it nullity - Vendor may be liable of penal consequences for violating the injunction order...........
Civil Procedure Code, 1908, Order 20, Rule 11, Civil Procedure Code, 1908, Order 34, Rule 4 -- Suit for recovery of money by sale of mortgaged property - Plaintiff resisted benefit of instalments - Court cannot pass decree granting benefit of paying decretal amount in instalments in mortgage suit...........
Partition Act, 1893, Section 2 -- Partition - If division of property cannot reasonably or conveniently be made then court may direct the sale of the property and distribution of proceeds...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Proclamation - Specific part of property sufficient to satisfy the decree - To be specifically stated - It is mandatory Failure to do so - Sale set aside. (1990 Civil Court Cases 1 (S.C.) Followed)...........
