Showing : 1-5 of 5 Results

KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 47-- Execution - Pendente lite purchaser of property after attachment - Word `representative' occurring in S.47 of the Code includes not only a legal representative in the sense of heirs, executors or administrators but also take in a `representative in interest', i.e. a transferee of a party to the..........
KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90-- Execution - Pendente lite purchaser of property after attachment - Can challenge the Court auction sale by invoking O.21.R.90 CPC...........
KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90-- Attachment of property in execution of decree - Pre-sale illegality and post sale illegality - Held, pre-sale illegality in execution is amenable to the remedy under section 47 - Post sale illegality or irregularity causing substantial injury to judgment debtor is covered by Order 21 Rule 90 of..........
KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 66, 64, 90-- Execution - Sale proclamation - If no notice is serviced on J.D. U.O.21.R.66(2) and/or no sale proclamation is drawn up which makes the Court sale a nullity being void, it came within the scope of S.47 of the Code being pre-sale illegality - However, mere non application of mind while drawing up..........
KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 64, 90, Limitation Act, 1963, Article 127-- Execution - Non compliance with provision of O.21.R.64 CPC as to the sufficiency of sale of portion of property - Petition to challenge sale has to be filed within 60 days from the date of sale under Art.127 of Limitation Act as it is a post sale illegality or irregularity falling under O.21.R.90..........

Showing : 1-5 of 5 Results