Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 105, 106 -- Execution - Court sale - Procedure for consideration of application under R.97 or 99 even where it is by the decree holder, for removal of the obstruction to delivery of possession by J.D. or any person claiming under him, or by a third party, not claiming under the J.D. is governed by O.21.Rr.105 & 106 CPC..........
Civil Procedure Code, 1908, Order 21, Rule 105, 106 -- Execution - Procedure U.O.21.Rr.105 & 106 CPC is not confined to the adjudication of application under Rules 97 or 99 but in the case of any other application covered by O.21 of the Code wherein an adjudication of the substantive right of the parties is involved for determination by the Court...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - After amendment of CPC in 1976 if a suit challenging a decree of possession of property is entertained before commencement of the execution proceedings, and if the execution of that decree has ended in a Court sale or the plaintiff is already dispossessed, the claim raised has to be..........
Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Execution sale - Setting aside of - Ex-parte decree which is basis of auction sale itself is vitiated on account of fraud played on Court as held by lower Court while setting aside the ex-parte decree - Held, auction sale ought to have been set aside...........
Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Execution sale - Application to set aside sale - Not pressed - Effect of - Held, as per R.92 unless an application made u/r 89 or 90 or 91 is disallowed, Court shall not make an order confirming the sale - Said rule nowhere mentions the fate of an application which has not been pressed - Hence, Court has to first decide..........
Civil Procedure Code, 1908, Section 64(2), Order 21, Rule 58, Registration Act, 1908, Section 47 -- Registration of sale deed after attachment but executed before attachment - No reliance can be placed on S.47 Registration Act which reads that registration relates back to date of execution of document in view of S.64(2) CPC which is very clear that registration of sale..........
Civil Procedure Code, 1908, Section 52, Order 21, Rule 98 -- Execution of decree for possession - Lis pendens transferee from J.D. obstructed execution of decree - Held, lis pendente alienee from J.D. cannot call upon court to decide obstruction, like a suit - Purchaser pendente lite cannot raise challenge questioning legality of decree and propriety of Court in passing..........
Civil Procedure Code, 1908, Order 21, Rule 16, Specific Relief Act, 1963, Section 15(b) -- Decree for specific performance - Enforcement by assignee - Held, implied prohibition against assignment of a transfer of a right cannot be inferred unless words or expression in the document clearly indicate such prohibition - If in the document, there is no such prohibition, the..........
Civil Procedure Code, 1908, Order 21, Rule 90, Karnataka Land Revenue Act, 1964, Section 171 -- Auction sale - Setting aside of - Predecessors of petitioner were in arrears of land revenue - No public participated in auction and Tahsildar purchased property in favour of Govt. and sale deed got confirmed - Land allotted to several persons and rights of third parties have..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution of money decree by way of arrest and detention of J.D. in Civil prison - JD, son of ex-chief Minister - Executing Court convinced that there was deliberate attempt on part of J.D. to browbeat and get away from reach of court - Executing court issued arrest warrant of J.D. - Held, if arrest warrant is executed and..........
