LawforAll
advocatemmmohan
- advocatemmmohan
- since 1985 practicing as advocate in both civil & criminal laws. This blog is only for information but not for legal opinions
Just for legal information but not form as legal opinion
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Thursday, September 16, 2010
WHETHER APPEAL OR SET ASIDE EXPARTE BY ONE OF THE DEFENDANT
PR. 9, RULE 13 AND OR. 43[1][D] - WHEN ONE OF DEFENDANT WAS SET EXPARTE, OTHER DEFENDANTS CONTESTED AND MONEY SUIT IS DECREED AGAINST ALL OF THEM, NO SET ASIDE EXPARTE IS MAINTAINABLE . THE ONLY REMEDY IS APPEAL BECAUSE, SINGLE CLAIM AGAINST ALL, THERE IS NO SEPARATE CLAIMS AGAINST EACH OF THEM.-2006 [6] ALT 14.
PAYMENT OUT OF COURT -CERTIFIED
OR. 21 , RULE 2 - ANY PAYMENT MADE OUT OF COURT TOWARD SATISFACTION OF DECREE WHETHER FULL OR PART, MUST BE BROUGHT TO THE NOTICE OF THE COURT .WITHIN 30 DAYS, IT SHOULD BE RECORDED AND CERTIFIED BY THE COURT. OTHER WISE, IT IS NOT A VALID PAYMENT- AND UNCERTIFIED PAYMENT CANNOT BE TAKEN INTO COGNIZANCE- 2006[1] ALT193
SIMULTANEOUS EXECUTION OF DECREE
OR.21, RULE 21, 30 - THE DHR CAN EXECUTE THE DECREE AGAINST THE PERSON AND PROPERTY OF JDR SIMULTANEOUS . NEITHER THE COURT OR THE JDR CAN DIRECT THE DHR TO CHOOSE ANY ONE OF THE MODE OF EXECUTION-2006[6] ALT70.
FRAUD ON COURT
SEC. 33 OF C.P.C -WHEN A DECREE IS OBTAINED BY PLAYING FRAUD ON THE HON'BLE COURT, THE DECREE IS A VOID ABINTIO AND NULLITY - IT CAN BE CHALLENGED EVEN IN COLLATERAL PROCEEDINGS.- THE RESPONDENTS BY SHOWING THE DECEASED PERSONS AS ALIVE AND OBTAINED MUTATION OF ENTRIES IN REVENUE RECORDS - IS FRAUD PLAYED ON REVENUE COURT AND IS NON EST IN LAW -2006[3] S.C.J. 500.
Wednesday, September 15, 2010
EXECUTION PETITION - LEGAL REPRESENTATIVES
OR.21, RULE 12 -EXECUTION PETITION FILED IN TIME -SUBSEQUENTLY j.d.r. DIED, STEPS NOT TAKEN IN TIME AND E.P. IS PENDING - E.P. CANNOT BE DISMISSED EVEN FOR DEFAULT, BEHIND THE BACK OF LEGAL REPRESENTATIVES as abetted - 1998 SAR CIVIL 182.
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