The Special Leave Petition is directed against the said orders of the High Court dated 28 th February, 2005 and 24 th August, 2005. The Executing Court directed release of F. Decision where appeal heard by two or more Judges. This rule gives a discretion to the Court either to pronounce the judgment against the defendant or make such order in relation to the suit as it thinks fit. Added by Act 24 of 1951, sec. Power of Court in executing transferred decree: 1 The court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. Commissions issued by foreign Courts.
Section 64 renumbered as sub-section 1 of that section by Act 22 of 2002, sec. Lok Adalat is a very good example for this. If the default is for payment up to Rs. Junior Civil Judges have pecuniary jurisdiction of Rs. Second appeal 1 Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. Firstly, the written statement filed under Rule 1 may itself contain a counter-claim which in the light of Rule 9 read with Rule 6A would be a counter-claim against the claim of the plaintiff preferred in exercise of legal right conferred by Rule 6A.
The Courts shall subject to the provisions herein contained have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. Civil Courts, according to their grades, have some limitation to try suits and entertain appeals for the value of money not exceeding some stipulated amount. In such an event, the admission itself being proved, no other proof is necessary and the law in that regard is well settled since the decision of the Apex Court in the matter of Badat and Co. The High Court, erroneously proceeded on the basis that a concession had been made by the appellant that he was willing to have the decretal amount adjusted partly from his fixed deposits, which represented his retiral benefits and that he had also volunteered to produce the vehicle before the Bank so that the same could be sold to recover the major portion of the dues. Except for recording that the vehicle was not traceable, nothing is recorded in the impugned judgment of the High Court as to what steps were actually taken by the Bank for recovery of the vehicle for sale in order to recover its decretal dues.
If his denial of a fact is not specific but evasive, the said fact shall be taken to be admitted. The Bank filed a Revision Petition against the said order of the Executing Court dated 1 st November, 2002, and also applied for interim orders therein. New plea raised before the Supreme Court not permissible on the ground that the establishment of fact by evidence for decision is necessary; Vasantha Viswanathan v. The landlord not accepting rent when tendered by the legal heir nor collecting rent by himself since 25 years nor issuing any notice to the occupant i. Her first ground for challenge was that the direction of the trial Court in its decree was quite clear and there was no ambiguity whatsoever which called for any clarification by the High Court. Clause ii omitted by the A. If established it is an answer to the plaintiff's claim wholly or pro tanto as the case might be.
Property liable to attachment and sale in execution of decree 160. Enforcement of rights, liabilities and obligations of the citizens are dealt by this code. The High Court directed the guarantor to deposit a sum of Rs. On 5 th April, 2005, the appellant filed a Review Petition before the High Court in respect of the order dated 28 th February, 2005, on the ground that the Revisional Court had wrongly proceeded on the basis that the appellant had given an undertaking to furnish the Matador to the Bank and that he would also submit a solvent security for realization of the decretal amount, if any amount remained to be recovered by the Bank after sale of the Matador. The Executing Court ordered attachment of the Fixed Deposit Receipts. On 28 th May, 1986, the No.
While disposing of the Revision Petition of the Bank, the High Court noted in its judgment that the appellant herein had undertaken that he would furnish the Matador in question to the Bank for the purpose of auction within a period 5of one week and the Bank would be free to auction the same in accordance with the terms of the decree. The suit was decreed on 19 th December, 1994, by the learned Additional District and Sessions Judge, , DistrictBharatpur, in favour of the respondent No. If not, u make check on the ground of Bonaire purchaser. Section 42 renumbered as sub-section 1 thereof by Act No. Provided that the State Government concerned may, by notification in the Official Gazette, extend the provisions of this Code or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incedental or consequential modifications as may be specified in the notification. Mehta lastly contended that the order passed by the learned Executing Court on 1 st November, 2002, impugned in revision by the respondent Bank, was final in nature and did not, therefore, attract the bar under the proviso to Section 115 1 of the Code. Execution of decrees passed by Civil Courts in places to which this Code does not extend.
The High Court directed the guarantor to deposit a sum of Rs. The State Government may fix scales, graduated according to rank, race and nationality, of monthly allowances payable for the subsistence of judgment-debtors. B may sue A either in Calcutta or in Delhi. Held, the decree is not passed against Managing Director in his individual capacity. Except for recording that the vehicle was not traceable, nothing is recorded in the impugned judgment of the High Court as to what steps were actually taken by the Bank for recovery of the Matador for sale in order to recover its decretal dues. The right of the Bank to proceed against either the principal-debtor or the guarantor stood restricted by the directions of the Trial Court. To say, in other words, the Civil Procedure Code provides the mechanism for enforcement of rights and liabilities.
The object is to expedite the hearing and not to scuttle the same. For the purpose of executing the decree the respondent No. The following are 10 important things every Indian should know about Civil Procedure Code 1908. Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith except as to so much thereof as relates to the costs; and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation. Other suits to be instituted where defendants reside or cause of action arises.
In 1972 some one sued Kanpur Development Authority successors of Dev Board kanpur for a compensation against alleged demolishion of boundary wall. But now after 10 years he had forcibly captured our land and want a sale deed to be executed on his name stating that he made the payment to bank and under specific performance of contract he has a right over the land and the land should be registered on his name. One to file an appeal and another to file an application under O. Execution barred in certain cases. It further directed that the vehicle was to be auctioned first. Every Rule Committee shall make a report to the High Court established at the town at which it is constituted on any proposal to annul, alter or add to the rules in the First Schedule or to make new rules, and before making any rules under section 122 the High Court shall take such report into consideration. It has been extended to Berar by the Berar Laws Act, 1941 4 of 1941 and, by notification under ss.