Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Removal of encroachment - Court while directing to remove encroachment does not state on what basis Court has arrived at conclusion that there had been an encroachment - There is nothing forthcoming to prove that defendant had caused any encroachment - Impugned order set aside -..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Limitation - No limitation is provided for execution of decree of permanent prohibitory injunction...........
Civil Procedure Code, 1908, Section 50, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Legal heirs of deceased DH can maintain execution petition against legal heirs of deceased JD in view of S.50 CPC - S.50 of CPC is not confined to a particular kind of a decree and it would cover cases relating to execution of decree for injunction as well...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Executing Court has left everything to be decided by Nazir of Court without recording any finding as to whether JDs have encroached upon suit land after passing of decree - Without undertaking such an exercise, it was not open to executing Court to pass a direction to..........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Arrest of JD - Oral application - Condition for making oral application for arrest of J.D. is that J.D. must be present within the precincts of Court or otherwise oral application cannot be considered for arrest...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Award of arbitrator put into execution and not decree of Court - O.21.R.11 CPC is not applicable...........
Civil Procedure Code, 1908, Order 21, Rule 30, 37, 38, 39, 40 -- Execution - Arrest of JD - JDs are officers of Government and issuing warrant against them without issuing arrest notice cannot be sustained...........
Civil Procedure Code, 1908, Order 21, Rule 37, 38 -- Execution of decree by sending J.D. to civil imprisonment - D.H. did not produce any evidence to establish that J.D. has means to discharge the decree amount, except pleading that he is an Advocate - Execution petition rightly dismissed - However, DH is at liberty to file fresh execution petition as per law...........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Decree for return of gold ornaments or its value - When Court directed to pay its present value in case ornaments are not returned, it only means that value at the time when failure to return gold ornaments occurs...........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Decree for return of gold ornaments or its value - Court is obliged to state in such a decree to pay value of gold ornaments in money terms as an alternative relief - If value is not quantified, direction shall be to pay value at the time of making payment - If value of gold ornaments is quantified and amount is stated in..........
