Law: Civil Procedure Code (V of 1908)

Section: 65,66,67,68,69

Succession Act, 1925 (XXXIX of 1925)-- ----Scope--There can be no denial that scope of Succession Act, 1925 is summary in nature and does not permit determination of complicated question of facts. Succession Act, 1925 (XXXIX of 1925)-- ----Scope of--Letter of administration--Title--Jurisdiction--Determination of legally entitled person--Letter of Administration may determine 'entitlement' of legal persons (legal heirs) but shall not vest 'title' in them for which such legally entitled persons shall have to follow course, provided by law, for getting title normally in record of rights--An exception to this however may be made but in appropriate rather exceptional cases by resorting course of auction of subject matter so as to distribute shares among legally entitled persons. Civil Procedure Code, 1908 (V of 1908)-- ----O. XXI rr. 65, 66, 67, 68 & 69--Procedure and conduct of action--Procedure provided by Order XXI Rule 65 to 69 of CPC to extent of mode, manner and conduct of auction shall be followed which is meant to bring maximum price of property, to be auctioned by eliminating all chances of any prejudice to rights of any of legally entitled persons. P. 69 C Agreement-- ----An agreement between two, even if allowed by Court, shall not make independent persons (not parties to agreement) liable to any obligation nor Court (in such proceedings) legally can presume consent/assent of such persons in an agreement independently arrived between parties. Non-Signatory-- ----It is well established principle of law that neither a consent or assent of one shall dress an illegal act as 'legal' nor shall be a cause to deviate from mandatory requirement of law and procedure for doing a particular act. Civil Procedure Code, 1908 (V of 1908)-- ----S. 12(2)--Legality of a , decree and order--Application under Section 12(2), CPC legally can only be filed challenging legality of a /decree or order which is capable of being enforced but cannot be sustained against right to file a separate suit because legally status of an agreement is' nothing more than a right to file a suit for enforcement thereof which is always to be determined/decided by a competent Court of law--Object…

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