declaring the final decree as a nullity. While passing Order in IA-1115/91 declaring the final decree as a nullity, the Sub-Court ... file a fresh petition for passing final decree, the plaintiff Bank filed IA-123/95 to pass final decree and notices were served
1980 vide order dt. 28th May, 1993, passed a final decree in respect of suit for partition filed by Smt. Bulbul Soi, estranged wife ... cent and secondly the same would be in disregard of the final decree granted in Suit No. 180/1980, where the assessee's share
action on the
basis of which the application for a final decree is made,
unless there has been a waiver, express or implied ... answer to the second question is the same, that is,
the right to apply for a final decree in respect of the
instalments not barred
Mr Sachin Dave vs Union Of India on 10 October, 2023
Item No. 2
BEFORE
action on the
basis of which the application for a final decree is made,
unless there has been a waiver, express or implied ... answer to the second question is the same, that is,
the right to apply for a final decree in respect of the
instalments not barred
Judgment Debtor. He has
submitted that when a decree is executed it attains
finality and the second execution is barred by the
principle of constructive ... contra, Learned Counsel for the Decree
Holders contended that the final order of Hon'ble
National Consumer Disputes Redressal Commission
dated
passing of final order. He further submitted that since the
second relief of interest on Rs.3,35,000/-, stood satisfied, the Decree
Holders could ... rescheduled.
This relief, granted to the complainants/Decree Holders, did not have any
concern with the second relief, which was separately granted to them
married on 05.10.2011,
but her second marriage was also not successful and finally divorce was taken
place vide decree dated 30.04.2016 (Annexure
applicable are
baseless and against the settled principles of law.
49. Finally, he placed reliance on the judgment dated 05.09.2017 in the case
of Raptakos ... second suit for mesne
Page 25 of 39
Judgment in Appeal No. 185 of 2015
profits or arrears of rent till the decree, the earlier
against become final. An Order-in-Original i.e., in adjudication, is something like a decree. If not appealed against, it becomes final. Likewise ... single order is relatable to each one of them and becomes final unless second Appeals are filed."
Hon'ble Calcutta High Court
