Civil Procedure Code, 1908, Order 21, Rule 85 -- Auction sale - Issue of jurisdiction - Can be raised before High Court even if same was not raised before Executing Court...........
Civil Procedure Code, 1908, Order 43, Rule 1(j), Civil Procedure Code, 1908, Order 21, Rule 89, 90, 91 -- Appeal - Maintainability - If application is filed before Executing Court U.O.21.Rr.89, 90, 91 CPC and such application is disallowed, then appeal will lie U.O.43.R.1(j) CPC...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - JD or person interested in auctioned property can file an application to set aside sale and deposit the amount stipulated in O.21.R.89 CPC within 60 days from date of sale - However, sine qua non to set aside sale is that he shall deposit amounts specific in O.21.R.89 CPC within 60 days from..........
Civil Procedure Code, 1908, Section 21, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction - Principle of S.21 CPC applies to an application U.O.7.R.11 CPC - However, such objection has to be moved at the earliest - Even if there is no limitation prescribed, in the light of S.21 CPC it is required on the part of petitioners to raise objection at the earliest..........
Rajasthan Rent Control Act, 2001, Section 21(3)(H), Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction petition - Impleadment of a party - In eviction matters, third party title cannot be decided - `R' was impleaded on ground that he was in possession of shop, eviction of which was sought - Petitioner not found to be a proper and necessary party and he was not..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Scope - O.21.R.32 CPC deals with twin situation (i) regarding execution of decree and if decree of injunctions is otherwise not executable then to resort to civil imprisonment or attachment of property of judgment debtor; (ii) violation of decree passed by trial Court - To claim any violation of decree specific..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Objections - Plea of petitioner is that to seek execution of decree qua restoration of possession in his favour, decree holder was supposed to plead specifically as to when and in what manner he has been dispossessed - Plea held, not tenable as O.21.R.32(5) CPC does not prescribe any such condition, rather..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - In execution of a decree for injunction even restoration of possession can be ordered by Executing Court...........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Objections - Plea of petitioner is that there are no specific pleadings qua dispossession of decree holder by petitioner - Plea held, not tenable as executing Court has proceeded to issue warrants of possession for restoration of the same only having been satisfied that possession is not with decree holder and..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - If in execution of a decree Court finds that judgment debtor has been dispossessed, Executing Court can issue warrants of restoration of possession...........
