Limitation Act, 1963, Article 134, Civil Procedure Code, 1908, Order 21,, Rule 92, 94, 95 -- Sale of property of judgment debtor in execution of decree - Limitation for delivery of possession - Period of limitation of one year to start from date of confirmation of sale and not from issue of sale certificate - Failure on the part of auction purchaser to take possession..........
Civil Procedure Code, 1908, Section 11, 92, Order 1, Rule 8, Civil Procedure Code, 1908, Order 2, Rule 2 -- Res judicata - Suit in representative capacity - Binds not only the parties named in the suit but all those who share common interest - Subsequent suit by any other member of the entire body of interested person, reagitating the matter directly and substantially in..........
Civil Procedure Code, 1908, Section 9, 92, Order 7, Rule 11(d) -- Suit against Charitable Trust - Leave to institute suit granted after hearing parties - Thereafter application U.O.7.R.11 CPC for rejection of plaint is not maintainable - Application for rejection of plaint should be filed either prior to leave having been granted or at the time when applicant opposed grant..........
Civil Procedure Code, 1908, Section 92 -- Trust - Nature of - Public or private - Criteria to decide - Mere factum of outsider being member of trust and punch to assist in affairs is not proper criteria - Best test - The beneficiary of trust...........
Civil Procedure Code, 1908, Order 21, Rule 92(3) -- Sale of attached property - Sale confirmed - Sale certificate issued include property which was not subject matter of attachment - Separate suit challenging sale certificate - Not barred by order 21 rule 92 (3)...........
Civil Procedure Code, 1908, Order 21, Rule 92(3) -- Execution - Sale of attached property - Challenge to sale by way of separate suit - Barred...........
Civil Procedure Code, 1908, Section 92 -- Leave to file suit u/s 92 of CPC - Suit for removal of trustee of public religious and charitable trust - Suit whether filed for personal interest - Affidavit showed that suit is filed in representative capacity in interest of more than 700 villagers who have right of worship in temple - Interest which plaintiff shares with other..........
Civil Procedure Code, 1908, Order 6, Rule 4, Evidence Act, 1872, Section 92 -- Document - Oral evidence to disprove the document - Not permissible - No allegation of fraud or intimidation - No illegality pleaded regarding execution of the same - No quantum of oral evidence can be held to be admissible to contradict or exclude the term of document...........
Civil Procedure Code, 1908, Order 21, Rule 92, 89, 90, 91, Limitation Act, 1963, Article 127 -- Auction sale - Confirmed without waiting for the period of limitation to expire to file objections - Executing Court cannot take step of confirmation of sale without waiting either till the expiry of 60 days time for filing application to set aside sale or if such application is..........
Civil Procedure Code, 1908, Order 21, Rule 92, 89, 90, 91, Limitation Act, 1963, Article 127 -- Auction sale - Confirmed one month before expiry of limitation of 60 days to file objections - Order confirming sale set aside - As regards limitation, left over time of about 29 days would be available to J.D. - As J.D. has paid the amount as required to be deposited..........
