Civil Procedure Code, 1908, Order 21, Rule 32-- Decree for permanent prohibitory injunction - Disobedience of decree by JD - Onus to prove that JD has intentionally and voluntarily disobeyed the decree is upon DH - Having failed to discharge the said onus, JD cannot be held liable for disobeying the decree of trial Court...........
Civil Procedure Code, 1908, Order 21, Rule 64, 97-- Auction - Sale - Right of auction purchaser arises only on confirmation of sale and till then his right is nebulous and has only right to consider for confirmation of sale...........
Civil Procedure Code, 1908, Order 21, Rule 64-- Sale - Duty of Court - Only such portion of property that will satisfy decree alone be sold and not entire property...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97-- Execution - Objections - Issue regarding correction of boundary of suit land already decided by executing Court - No objection was raised by JD - Correctness of facts recorded by a Court of law in a judicial proceeding is sacrosanct and cannot be questioned at a belated stage - JD has absolutely..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101-- Execution - Third party objections - Decree for declaration and possession - Petitioner claimed to be owner of suit property by way of Will and contended that boundaries of suit property not mentioned in the plaint - However, record shows that boundaries of suit property are mentioned in the..........
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - It is not obligatory always for decree holder or auction purchaser to file an application U.O.21.R.97 CPC regardless of the circumstances of case...........
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - Appellants resisted the delivery of possession of property on the ground that they are believers, devotees and worshipers of one Guru, who was a social reformer - Since said Guru was a social reformer and not a avatar of God, it cannot be treated as a deity and his statue..........
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - There is no bar for execution Court to treat an application filed to record resistance to delivery of property as one for removal of obstruction U.O.21.R.97 CPC...........
Civil Procedure Code, 1908, Section 38, Order 21, Rule 1-- Execution - Mere pendency or even allowing of amendment is not a bar to executability of decree unless there is a stay against executability either by original Court or transferee Court or by Appellate Court...........
Civil Procedure Code, 1908, Order 21, Rule 15(2)-- Execution - Joint decree holders - One of the joint decree holders can file execution for and on behalf of himself and other joint decree holders - However, Court has to safeguard interest of non party joint decree holder - Even when execution is filed by joint decree holders and one of the decree..........
