Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Payment or adjustment out of Court - Executing Court cannot accept any adjustment or payment of decretal amount made out of Court unless it is certified or recorded as contemplated in O.21.R.2 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 37, 38 -- Execution - Issuance of warrant of arrest - Validity - Judgment and decree has been passed in the year 1995 - Execution of same is still pending - Judgment debtor did not appear in person in complete disregard of Court's order - Held, order of issuance of warrant for arrest of judgment debtor proper - So far as enquiry..........
Civil Procedure Code, 1908, Order 21, Rule 101 -- Execution - Ejectment decree - Resistance by sub-lessee - Sub lessee also filed proceedings under Rent Act for being declared direct tenant of D.H. - Decree holder filing application for police help - Sub lessee filed application U.O.21.R.101 for declaration of his rights and title - High Court directed that applications be..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Objection petition - Decree alleged to be obtained by fraud - Objector was party to the suit and it was open for him to raise these pleas in the suit itself - Application filed only to delay the execution proceedings - Order rejecting application U.O.21.Rr.97, 101 CPC, upheld...........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 90 -- Revision petition - Application for setting aside of sale - If the amount has already been deposited as per order in case of recovery of amount - High Court shall not interfere in revision petition for setting aside sale...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Execution petition closed - Application for amendment - Maintainability - Held, question of seeking amendment by filing an application U.O.6.R.17 CPC, whether in a suit, or in an execution petition, after the proceedings are terminated does not arise - It is only when..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - D.H. when dispossessed after passing of decree then executing Court has full power to give effective relief to the decree holder by restoring the possession...........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Explanation(as added by amendment w.e.f.1.7.2002) - No dispute that shops abut road - No mention of shops in judgment and decree passed by both courts below - Held, only inference which can be drawn is that shops were constructed on road by petitioner-judgment debtor after passing of judgment against him - Held,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Civil Procedure Code, 1908, Section , Order 9, Rule 13 -- Ejectment petition against tenant (State of Haryana) - Tenant cared not to appear and contest petition, despite service of summons - Ex parte eviction order passed - Objection filed by tenant in execution application..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution proceedings - Civil suit - Simultaneous trial - Permissibility - Core issue to be decided both in execution application and suit are similar - Held, when there is subsisting right available, substantial justice must be rendered by providing reasonable opportunity to both parties, otherwise it would prejudice the..........
