Showing : 231-240 of 1246 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 89-- Court auction - Setting aside - Orders confirming sale and rejecting plaintiff's claim U.O.21.R.89 CPC was confirmed by competent Court - Such Orders cannot be ignored in a collateral proceeding on mere suspicion of fraud or collusion...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Execution - Objections - Framing of issues and providing opportunity to parties to lead evidenced - Not necessary when there are no issues or material aspects to be adjudicated upon and objections are vague, fluid and non clinching and moreso when no supporting material or revenue documents are..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 98, 99, 100, 101, 102, 103-- Execution - Objections - Executing Court expressed an opinion that it has become functus oficio and hence, it cannot initiate or launch any enquiry - Jurisdiction of High Court invoked under article 227 of Constitution assailing the order on the foundation that executing court had failed to..........

Showing : 231-240 of 1246 Results