Showing : 101-110 of 1155 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97-- Execution - Eviction - Plea of ownership - Suit already pending with regard to legal status wherein decree holder also impleaded as a party - Said suit shall take its own course - Moreover, it is surprising that in execution proceedings relating to eviction decree, how could the petitioner be..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97-- Execution - Eviction - Plea of ownership - Not maintainable as executing court cannot decide title in regard to the parties in the proceedings for eviction of a tenant...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - All objections in terms of O.21.R.97 CPC are not necessarily to be decided by way of following proper procedure - Any frivolous objection cannot be decided by way of adopting procedure of framing issues and allowing the parties to lead evidence just to delay execution of..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 11, Civil Procedure Code, 1908, Order 22, Rule 4-- Execution - Eviction order - Death of original tenant - Impleadment of all legal heirs not necessary - Tenancy devolves on legal heirs as joint tenants, therefore, even when only one of legal heirs of deceased tenant, who is in possession of property is impleaded in execution proceedings,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution - Money decree - Civil imprisonment - Without deciding objections - Held, Executing Court is required to dispose of objections before taking the drastic step...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution - Money decree - Civil imprisonment - Executing Court is required to issue a show cause notice calling upon JD to appear and to show cause as to why he should not be put into civil prison - However, Court can dispense with issuance of notice when Court is satisfied by an affidavit or..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58-- Execution - Third party objections - Framing of issues - Court is not obligated to follow regular procedure in every false and frivolous objections - Issues are not to be framed in every unfounded, false and frivolous objections filed by someone in execution of a decree - Order dismissing..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 35-- Execution - Application U.O.21.R.35 CPC - Not maintainable at the instance of third party...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objection by third party - Petitioner does not claim to be in actual possession of decretal property, thus she cannot file an objection U.O.21.R.97 CPC - Even if petitioner is in possession of property, she cannot otherwise maintain such application after dismissal of her objections..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 92-- Auction sale - Death of JD before confirmation of sale - Once JD was alive at the time of sale, subsequent death of JD before confirmation and omission to bring Lrs of JD for confirmation does not affect validity of confirmation of sale, as it dates back to date of sale, even when confirmation is..........

Showing : 101-110 of 1155 Results