Showing : 221-230 of 1233 Results

ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Execution - Stay of execution - O.21.R.29 CPC is in aid of doing justice to the parties and has to be exercised only in exceptional cases - Law is otherwise settled that execution of decree is not liable to be stayed, except for justifiable and good ground...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58-- Attachment - Objections - Framing of issues - Though, it is not necessary to frame issues in all cases requiring adjudication of objection petition U.21.R.58 CPC, but as third party claims right, title and interest in attached property in its own right as owner, the decision of such objections not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58-- Execution - Attachment of property - Objections by third party claiming right, title and interest in attached property - Prima facie appears to have no link with JDs - Opportunity not granted to parties to produce material evidence in support of their respective pleas - Impugned order dismissing..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Third party objections - Objectors claiming ownership and possession in derogation to the claim of their mother (JD) whereas they have no independent claim, right, title or interest - Even the pleas of ownership by adverse possession taken by their mother (JD) is rejected in second..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 17-- Execution of decree - Powers of Executing Court - If terms of decree are ambiguous, executing court can construe decree with aid of judgment and pleadings - Decree has to be enforced and interpreted in such a manner that litigation between parties is shortened - Moreover, real intention of parties..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 89-- Auction sale - Setting aside - Decretal amount deposited in account of decree holder - Serious material illegality in auction as decree already satisfied - Held, decree cannot be executed again - Auction sale set aside...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 64-- Auction sale - Setting aside - Value of property much higher in comparison of decretal amount - Action of executing Court contrary to the provisions of O.21.R.64 CPC - Auction sale set aside...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution proceedings - Cannot be sought by a stranger to the decree...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 101-- Execution - Third party when dispossessed from the suit property to which he claims any right, title or interest before getting any opportunity to resist or offer obstruction can file an application U.O.21.R.99 CPC claiming that his dispossession is illegal and that possession deserves to be..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 101-- Execution - Objections - Application U.0.21.R.99 CPC filed by petitioner dismissed summarily being barred by res judicata - Order passed thereon would not be decree within meaning of O.21.R.103 CPC as issues have not been adjudicated as envisaged U.O.21.R.101 CPC - Revision therefore is..........

Showing : 221-230 of 1233 Results