Civil Procedure Code, 1908, Order 21, Rule 11, Limitation Act, 1963, Article 136 -- Execution petition - Limitation - Begins to run from date of decree and not from date when decree is actually drawn up and signed by Judge - DH does not have benefit of exclusion of time taken for obtaining certified copy of decree...........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Rajasthan Rent Control Act, 2001, Section 9(A), (I), (E), (F), 21(3), Evidence Act, 1872, Section 45 -- Eviction petition - Tribunal denied to be take documents on record - Since said documents were denied to be taken on record, therefore, Tribunal observed that there was no justification for taking report of handwriting..........
Civil Procedure Code, 1908, Order 21, Rule 92, 94 -- Auction sale - Once sale is confirmed and sale certificate is issued in favour of purchaser, the same becomes final...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - No case of JDs that there was any material irregularity or fraud in publishing or conducting sale - Objection was that decree was obtained by fraud - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 94 -- Auction sale - Sale certificate - When sale was confirmed and sale certificate was issued after overruling objections raised by JDs, High Court ought not to have thereafter set aside order overruling objections raised by JDs - Order of High Court set aside...........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Settlement - Objection by JD - If parties have settled their differences and executed agreement, satisfaction of decree has to be certified in the manner indicated U.O.21.R.2 CPC - In the absence of any certification of satisfaction of decree, JD cannot object execution of decree pointing out settlement between..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Restoration of application U.O.21.R.97 CPC dismissed in default - Application filed on the pretext that counsel was ailing - No evidence, as such, placed on record in support of their contention - It cannot be ruled out that recourse to application U.O.21.R.97 CPC was adopted to install execution proceedings..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Delivery of possession of property not asked within statutory period of one year by auction purchaser - Auction purchaser has no right to file a fresh suit for enforcing delivery in execution - However, suits which do not offend u/s 47 CPC and suits for possession on strength..........
Civil Procedure Code, 1908, Section 65, Order 21, Rule 95 -- Auction sale - Delivery of possession - It was imperative on part of DH to take possession of property auctioned by him - If he fails to get possession through execution Court, his relief U.O.21 CPC, is lost, though his title over property sold subsists...........
Civil Procedure Code, 1908, Order 21, Rule 95 -- Auction sale - Delivery of possession - Method of delivery specified in an application U.O.21.R.95 CPC is in the form of a warrant issued by Court and bailiff delivering possession to auction purchaser...........