Civil Procedure Code, 1908, Order 21, Rule 58-- Attachment - Objections - Alienation of property to daughter on the basis of MOU and unregistered agreement - MOU and agreement collusive and in order to defeat execution proceedings - High Court erred in law in setting aside the attachment - Appellant is free to carry out the execution and to..........
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Decree of permanent injunction - Plaintiff prayed for declaration of right, title, interest of suit property, recovery of possession and permanent injunction - Trial Court declared the title of plaintiffs over suit property and granted permanent injunction - Prayer for recovery of..........
Civil Procedure Code, 1908, Order 21, Rule 36-- Execution of eviction decree - Recurring infringement of decree by tenant - Second execution petition filed by subsequent purchaser - Maintainability - Tenant earlier vacated rented premises but subsequently trespassed into it - Executing Court would not become functus officio to pass second order..........
Civil Procedure Code, 1908, Order 21, Rule 92-- Execution - Auction sale - Confirmation of sale - Auction sale of jeep - Purchaser deposited the entire amount - Decretal amount paid by J.D. to decree holder - Rights of purchaser taken care as entire auction amount ordered to be returned to the auction purchaser - There is no illegality in the..........
Civil Procedure Code, 1908, Order 21-- Eviction order - Execution - Civil Procedure Code applies for execution of order passed under Rent Act...........
Civil Procedure Code, 1908, Order 21, Rule 86-- Auction sale - Default in payment of auction money - Forfeiture - One time settlement executed between parties - Sale by way of auction in favour of auction purchaser set aside and fresh proclamation was ordered - Subsequent auction purchaser already deposited the amount - Forfeiture of 1/4th of..........
Civil Procedure Code, 1908, Order 21, Rule 106(3)-- Execution petition - Dismissed in default - Restoration - Limitation - 30 days - Starting point of limitation is date of said order and not from date of acquiring knowledge about dismissal of execution petition...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 21-- S.5 of the Limitation Act is not applicable to any of the provisions of O.21 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 30-- Execution - Money decree - Attachment - Undivided share of JD in HUF property - Can be attached in execution of decree...........
Civil Procedure Code, 1908, Order 21, Rule 11(2)-- Execution - Petition in writing by a person who is acquainted with the facts of the case and not necessarily by the very same person, who may have been authorized to institute the original suit proceedings - Held, execution petition is maintainable...........
