...the Judgment- debtor by se:ng aside the Execu$ng Court's order dated 03.10.1997 (whereby two objec$on pe$$ons - one filed prior to sale under Sec$on 47 CPC; and other filed aBer sale under Order XXI..., schedul- ing the auc$on for 15.05.1996. 4.3 Before the scheduled sale, the Trust filed objec$ons under Sec- $on 47 CPC on 10.05.1996, dispu$ng the amount as calculated by the...filed un- der Sec$on 47 CPC aBer hearing both the sides. Direc$ons were also issued for refund of the auc$on money to the purchaser in terms of Order 21 Rule 90 CPC, with...

...was entered into between the parties at Allahabad and on all subsequent dates, when the plaintiff offered to pay the price and get the sale deed registered.3. Form No. 47 of Appendix A CPC gives...the defendant on the date of the amendment application.14. The requirements of Section 16(c) of the Specific Relief Act or of Form 47 of Appendix A, CPC do...(3) of Form 47 of Appendix A of the First Schedule of the CPC had not at all been made in the original plaint directly or indirectly. The amendment was sought at the second appeal stage in the High...

...contend that strict compliance of Form No.47 and Form No.48 of CPC is also not warranted when maximum amount has been paid by the plaintiff and hence this Court has to admit and frame substantial ...Relief Act will not play any role and also Form No.47 and Form No.48 of CPC will not - 13 - play any role. But, in...RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.08.2022 PASSED IN R.A.NO.135/2018 ON THE FILE OF THE IX...

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...pursuing the litigation since 1967 should not be deprived of the fruit of the decree. The executing court further held that the objection under Section 47 CPC challenging the executability of the...another objection on 15-9-2011 under Section 47 CPC for setting aside the decree passed in the suit and also for recall of the writ of attachment. The executing court after hearing the respondent...record is put up for petition filed by the JDR who also files a petition under Section 47 CPC for setting aside the decree passed by the Court in TS No. 483 of 1967 along with a petition for recalling...

... 2024 INSC 150 Criminal Appeal No.3589 of 2023 etc. Page 1 of 47 Reportable... 1 Criminal Appeal No.3589 of 2023 etc. Page 2 of 47 III... Criminal Appeal No.3589 of 2023 etc. Page 3 of 47 issue was whether an order of framing charge was an interlocutory order...

...parliament in this regard in order 21, rule 54, and order 21, rule 56, cpc may be noticed : (11) The present e. A by the judgment - debtor under sec. 47, cpc is, in my opinion, f...petitioner in this revision petition is the judgment - debtor. He filed an application e. A. No. 440/1983 under section 47, cpc in e. P. No. 178/82 in o. S. No. 1425/80 in the court of the district munsif...therefore if the petitioner considered the said valuation to be quite low nothing precluded him from filing an application under section 47, cpc on the very next day instead of filing the present e. A...

...Specific Relief Act and Form 47 of Appendix A CPC was pointed out. Even after this, further argument was made by both the parties and the counsel for the plaintiff informed the court that no further...plaintiffs came up with the present petition seeking amendment to incorporate specific pleading in compliance with Section 16(c) of the Specific Relief Act and Form 47 of Appendix A CPC on the ground that...pendency of the suit, Karimnagar Diocese filed written statement pointing out the inherent defects, namely, absence of mandatory requirements of Section 16(c) of the Specific Relief Act and Form 47 of...

...the contract which are to be performed by him’ and that it is stated in paragraph 3 of Form No. 47 of Appendix ‘A’ of the CPC that the plff. should state in the plaint that “the plff. has been and...the plaint in conformity with the requirement of Form 47 of Appendix ‘A’ of the CPC. That application was disallowed. In revision, it was held by this court that ‘readiness and willingness on the part...of Rale 3 Or. 6 it was obligatory on the plaintiffs to frame their plaint in accordance with Form 47 of Appendix ‘A’ of the first schedule of the Code of Civil Procedure”. It was also held “Apart...

....10. Meanwhile, however the respondent filed his counter-affidavit in the execution proceedings and also followed it up with an application under Section 47 CPC to resist the...on the same lines as narrated in his counter and the application under Section 47 CPC and sought to supplement the same by producing documents to that effect by way of oral and documentary testimony...of the pleaded facts. The appellant in its rejoinder did object to this initiative on the part of the respondent as impermissible, being beyond the purview of Section 47 CPC and prayed for...

...application under Order XXI Rule 95 CPC was the date when the sale becomes absolute viz, the date on which the title passed. The evidence of title in the form of sale certificate issued from the court could..., coupled with Section 47 of CPC, parties to the execution are confined to the execution court itself, by virtue of the exhaustive provisions under Order XXI Rule 64 to 104 of CPC for adjudication of all...contention, the Bench held that Section 47 CPC should be construed liberally. Reliance was placed on the decision of the Privy Council in Ganapathy...

...that the pleadings of the plaintiff are not in conformity with Order 6 Rule 3 CPC, clause 3 of Form No. 47 in Appendix ‘A’, extracted hereinabove. A careful reading of Para 6 of the plaint makes it very...?” 3. The learned counsel for the appellant submits that the notice which was issued under section 106 of the Transfer of Property Act, 1882 was not appended to Form No.... 47 of the Civil Procedure Code and hence, it cannot be said that there was sufficient compliance of section 16(c) of the Specific Relief Act. Section 16(c) of the Specific Relief Act reads as follows...

..., Rule 56, CPC may be noticed : (11) THE present E. A by the judgment-debtor under Sec. 47, CPC is, in my opinion, filed for compelling the Court to comply with the mandatory provisions of Order 21, Rule 54 (1a), ...petitioner in this revision petition is the judgment-debtor. He filed an application E. A. No. 440/1983 under Section 47, CPC in E. P. No. 178/82 in O. S. No. 1425/80 in the Court of the District Munsif...valuation to be quite low nothing precluded him from filing an application under Section 47, CPC on the very next day instead of filing the present E. A on 28-3-1983. The learned District Munsif also...

...not be deprived of the fruits of decree. Resort can be had to Section 152 or Section 47 CPC depending on the facts and circumstances of each case — which of the two provisions would be more appropriate...Section 47 CPC. A decree of a competent court should not, as far as practicable, be allowed to be defeated on account of an accidental slip or omission. In the facts and circumstances of the present...case, we think it would be more appropriate to invoke Section 47 CPC.18. Another controversy between the parties is as to the sale consideration of Rs 52,000 (fifty-two...

...review jurisdiction under Order 47 Rule 1 CPC;(ii) while exercising the review jurisdiction, the High Court ought not to have set aside the specific finding given with respect...observations were made by error.24. By the impugned order the High Court in exercise of powers under Section 114 read with Order 47 Rule 1 CPC has allowed the review petition and...justified in allowing the review application in exercise of powers under Section 114 read with Order 47 Rule 1 CPC on the aforesaid grounds?25. While considering the...

...out by the respondent in his objections under Section 47 CPC that possession of the disputed premises was handed over to the appellant's attorney in pursuance of the compromise decree and that the...appellant's attorney and the decree for eviction stood satisfied.7. The learned counsel for the respondent, on the contrary, contended that in view of Section 47 CPC...-debtor be not encouraged to initiate another round of litigation under Section 47 CPC.33. The decision of this Court in...

....31. Some of the principles akin to Order 47 CPC may be applied when a party makes an application under the provisions of Order 18 Rule 17 CPC, but it is ultimately within the...attorney by the appellant and the other heirs of deceased Vadiraj Naggappa Vernekar and as required under Order 17 Rule 4 CPC (sic Order 18 Rule 4), his evidence by way of an affidavit was filed before...it was, therefore, necessary to recall him for further examination-in-chief under the provisions of Order 18 Rule 17 CPC.6. By order dated 7-7-2006, the learned Single...

...:- "2. The second important legal contention raised by defendant Nos. 2 to 5 is that the pleadings of the plaintiff is not in conformity with Order 6 Rule 3 CPC, clause 3 of Form No. 47 in Appendix 'A...((205) 8 SCC 695), the learned counsel would contend that the pleadings in the plaint are not in conformity with Order 6 Rule 3 CPC and Clause 3 of Form 47 in 7Appendix "A" of CPC. He would...of the plaint complies with Form 47 of the Appendix "A" CPC and both the courts below, taking into consideration the entire evidence and materials on record, have held that the plaintiff has proved her...

...provision of Order 47 CPC have to be applied by spirit, not by the letter. In short, his contention is that Order 47 CPC is not to be applied so strictly because justice, good...“Pelinda Swett & Ors. v. Dwin Lyngshiang & Ors.” when confronted with the scope of Order 41 CPC, learned counsel for the petitioner would submit that the...conscience and equity shall be the guiding factors as is the mandate of Rules 45 and 47 of the Khasi Hills Autonomous District (Administration of Justice) Rules, 1953. In a way, learned...

...oversight, failure to include averment with regard to readiness and willingness to perform his part of the contract in the instant case cannot be accepted. Form 47 of Appendix A to CPC is as follows:- No...., the present application is filed. The learned counsel for the respondents/defendants invites my attention to Order VI Rule 3 of CPC and Form 47 of Appendix A of CPC to...application dated 25.6.2016 under Order VI Rule 17 of CPC to amend the plaint to include the following :- At the end of paragraph 2 of plaint to add The plaintiffs are ever ready and...