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Results of civil procedure code o 21

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Showing : 781-790 of 1728 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Dispossession in violation of decree of prohibitory injunction - Executing Court can issue an order of mandatory injunction for restoration of possession - Decree holder need not to file another suit...........

ORISSA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - `Any person' - Includes all persons resisting the delivery of possession, claiming right in the property even those not bound by the decree, includes tenants or other persons claiming right on their own including a stranger...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Cannot be held not maintainable when objector has availed the remedy of declaration suit in respect of his title...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Section 11, Order 21, Rule 97, 90 -- Execution - Objections - Res judicata - Objections U.O.21.R.90 CPC dismissed on the ground that remedy is already sought by filing a civil suit therefore there is no reason to implead as a party in the execution application - Objections filed U.O.21.R.97 - Held, order does not constitute res judicata insofar..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Objection petition U.O.21.R.97 CPC alleging fraud or collusion between D.H. and J.D. - Held, it is a question of fact which can only be ascertained when issues are framed and opportunity granted to the parties to lead evidence - Objections U.O.21.R.97 CPC have to be decided as a suit - Held, Court below erred in not framing..........

ALLAHABAD HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Section 64, Order 21, Rule 96 -- Rent deed executed after attachment of property - Invalid - Tenant is not entitled to occupy the premises and resist D.H. from taking actual possession in he garb of the fact that he cannot be evicted otherwise than in accordance with law - Tenant is liable to hand over vacant possession to D.H. and also to pay..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 21, Rule 84, 85 -- Both the provisions are mandatory in nature - Non payment of price on the part of the defaulting purchaser renders sale proceedings as a complete nullity - Inherent powers of Court cannot be allowed to circumvent the mandatory provisions of the Code and relieve the purchaser of his obligation to make the deposit...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 21, Rule 85 -- In no case the time provided in O.21.R.85 CPC can be extended...........

ALLAHABAD HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Any person can resist or obstruct the execution of a decree of possession of the property by moving an application before the Court concerned, which shall be adjudicated upon in accordance with law...........

ALLAHABAD HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Resistance or obstruction - Application U.O.21.R.97 CPC - To be decided on merits - Rejection of application only on the ground that since objector has been party through his predecessor, hence has no right to resist his dispossession at this stage - Unsustainable - Quashed - Execution Court to decide application..........

Showing : 781-790 of 1728 Results