Civil Procedure Code, 1908, Order 21, Rule 22(1)(a) -- Execution - Application for execution, if filed within two years from the date of decree then notice is not required to be issued to the person against whom execution is applied or - Notice is necessary only upon expiry of two years from the date of decree...........
Civil Procedure Code, 1908, Section 47, 21 -- Execution - Objection as to jurisdiction - Objection not taken by tenant in his written statement - Said objection as to jurisdiction of Court cannot be taken at a later stage - Even otherwise, said objection is not sustainable - Executing Court erred in allowing objection - Impugned order of Executing Court set aside...........
Limitation Act, 1963, Section 5, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Filing of appeal or second appeal would not condone delay to restrict period of limitation for purpose of filing an Execution petition until or unless, execution of judgment and decree under challenge stood expressly stayed by Appellate..........
Limitation Act, 1963, Section 5, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Factum of filing an application u/s 5 of Limitation Act for condonation of delay is an admission on part of petitioners that Execution petition filed by them was barred by limitation...........
Civil Procedure Code, 1908, Order 21.Rr, 9 -- Execution of decree - Objections - Each and every objection raised by objector is not to be put to trial merely on asking unless material adduced convinces the Court that objections actually require determination on strength of evidence...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Claim petition U.O.21.R.58 CPC - Maintainable, if property attached is not already sold...........
Civil Procedure Code, 1908, Order 21, Rule 11, 11A, 30 -- Execution - Arrest and detention - JD failed to appear in Court despite repeated opportunities afforded to him - Trial Court thus, rightly issued warrant of arrest against JD while exercising power U.O.21.Rr.11, 11-A, 30 CPC...........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Order 21, Rule 34 -- Extension of time to deposit balance sale consideration - Explanation offered for the delay - However every day's delay not explained - Court has discretion to enlarge time to comply with conditional decree...........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Order 21, Rule 34 -- Extension of time to deposit balance sale consideration - No wilful default to make deposit - Right of decree holder to get the sale deed executed in his favour cannot be taken away merely on technical ground...........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Order 21, Rule 34 -- Extension of time to deposit balance sale consideration - Exercise of discretion by permitting DH to deposit amount having regard to averments made in application U.O.21.R.34 CPC seeking permission to deposit amount is within power and jurisdiction of Court u/s 28 of the Act...........
