Civil Procedure Code, 1908, Order 21, Rule 6 -- Execution proceedings - Order of attachment of property of Guarantor/Petitioner - Plea taken by him that his property was being auctioned wrongly as there was no justification to do the same since property of principal debtor was sufficient to satisfy the decree - Held, liability of guarantor and principal debtor are..........
Civil Procedure Code, 1908, Order 21, Rule 97, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 12 -- Eviction - Recovery of possession - Tenant compromised eviction suit with landlord and agreed to vacate suit premises within stipulated period as reported in the compromise decree - Tenant did not vacate suit premises within stipulated time - Execution..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 46, Contract Act, 1872, Section 128, 141 -- Execution of decree passed against legal heirs of deceased borrower who have inherited his property - Decree passed jointly and severally - D.H. is entitled to recover the decretal amount from any one of the defendants - If there is any dispute inter se the..........
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 22, Rule 4, 12 -- Abatement - Execution proceedings - O.22.R.12 applies to proceedings U.O.21.R.97 CPC - Death of respondent in an application U.O.21.R.97, there would be no abatement U.O.22.R.4 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 2, 30 -- Execution of decree - Satisfaction of decree - Duty of Court - Held, once suit is decreed, executing court is bound to execute decree as it is and cannot go behind decree - It cannot allow to raise contention that decree is satisfied on account of payment alleged to have been made prior to date of institution of suit or..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Objections - Framing of issues and putting objection petition to trial is not necessary in every case - Court can dismiss the objection petition by a speaking order recording reasons for dismissal of objection petition if prima facie, the averments in the objection petition appear to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99 -- Eviction order - Execution - Third party objection claiming himself to be tenant - Neither any rent note nor any rent receipt or any document establishing that rent was ever paid, placed on record - In absence of any such document, status of appellant cannot be held to be that of tenant - Objection petition..........
Civil Procedure Code, 1908, Order 21, Rule 3 -- Execution - Decree of specific performance - Possession of house - Owner sold house to tenant - Original tenant, thereafter, executed agreement to sell in favour of original owner - Under the said agreement itself it was stipulated that after execution of sale deed, he would again become tenant or his tenancy would be revived..........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Appeal - Cross objections - If not filed, Court cannot draw adverse inference...........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Appeal - Cross objections - Can be filed within 30 days or within such time which in the facts and circumstances of the case, is found to be just and proper by the Court - There is no complete or indefeasible extinguishment of right to file cross objections after the expiry of statutory period of limitation provided under..........
