Dear client,
You are correct that Order 1 Rule 10 of the CPC does not apply to execution proceedings. You can argue this in court by citing relevant case law and pointing out that the provision specifically applies to "suits" and not execution proceedings. You can also point out that the person in question does not have a direct interest in the execution proceedings and therefore does not have the necessary locus standi.
Order 21 Rule 2 of the CPC applies to all kinds of decrees, including money decrees, as amended in 1976. The provision allows for the recording of a compromise reached between the parties outside of court, and this can be done before the executing court.
Filing repeated objection applications without pursuing them can be seen as an abuse of process and may attract the doctrine of res judicata, particularly if the grounds of objection are the same. However, this will depend on the specific circumstances of the case and the court's interpretation of the law. To prevent a party from filing such applications, you may consider filing an application for costs or seeking an order from the court to restrict further filings without good cause.
This is correct. Any objections to an execution proceeding must be taken at the earliest opportunity, and if they are taken belatedly, they may not be permitted.
Compromise and settlement are often used interchangeably, but there is a legal difference between the two. A compromise is a settlement of a disputed claim, while a settlement can refer to any agreement between parties, including an agreement to waive a claim or to modify an existing contract. In court, it is important to be clear on the specific terms of the compromise or settlement in question.
It is generally true that parties cannot argue on facts that were suppressed from the court. This is because parties have a duty to disclose all relevant information to the court, and failure to do so can be seen as a breach of that duty. The specific consequences of such a breach will depend on the facts of the case and the court's interpretation of the law.
No, a Lok Adalat cannot pass an award in the absence of one of the parties. Both parties must be present, and the award must be made by mutual agreement. An award made in the absence of one party may be treated as null and void.
The endorsement to issue show cause notice to the judgment debtor (JD) is a new order, and it is not covered by the doctrine of res judicata. However, if the JD does not challenge the order within the time limit provided by law, the order will become final and cannot be challenged in the future.
If the persons who purchased the suit land from the JD in violation of an interim stay are not parties to the suit, they may be added as parties to the execution proceeding. However, it may be prudent to wait until the court commissioner's report on the land records is filed before taking any further action, as this may affect the outcome of the execution proceeding. Ultimately, the specific course of action will depend on the facts of the case and the court's interpretation of the law.