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1 - 10 of 38 (0.31 seconds)Section 11 in The Code of Civil Procedure, 1908 [Entire Act]
Article 227 in Constitution of India [Constitution]
Section 448 in The Indian Penal Code, 1860 [Entire Act]
Section 451 in The Indian Penal Code, 1860 [Entire Act]
The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960
Kanakamma vs Kamalan on 14 January, 2000
In view of the above circumstances, the learned counsel for the respondent has argued that in the altered circumstances, subsequent execution petition is maintainable in law and he has drawn the attention of this Court to the decision in KANAKAMMA v. KAMALAN (2000 (II) C.T.C. 240) in support of such contention. In a similar set of facts and circumstances, this Court held in the above decision that the decree holder is entitled to file execution application for every recurring infringement as long as the application was filed within time and therefore it was urged that the decree holder cannot be driven for a second suit. The learned Judge, K. SAMPATH, J. (as he then was) after discussing the ratio laid down in a catena of decisions of both the Apex Court and this Court ultimately reiterated the principles of law on the subject as follows:-
The Code of Civil Procedure, 1908
R. Radha vs B. Saraswathy on 24 March, 2005
xiii) 2005 (2) CTC 272 (R.Radha vs. B.Saraswathy)
... The learned counsel for the revision petitioner would urge that the second execution petition was wholly unsustainable in law and that therefore the impugned order passed by the executing court is liable to be set aside.
Lakshmi Narayanan vs S.S.Pandian on 4 September, 2000
(xi) AIR 2000 Supreme Court 2757 (Lakshmi Narayanan vs. S.S.Pandian)
The consequence of not having it so recorded is contained in Rule 3 of Order 21 of the C.P.C. Rule 3 prohibits every Court executing the decree from recognising a payment or adjustment which has not been certified or recorded by Court.
This decision is not applicable to the fact of this case neither on factual aspect nor on legal aspect.