Civil Procedure Code, 1908, Order 21, Rule 32(1)-- Execution - Detention in civil prison - Decree of perpetual injunction - Breach of decree - Other modes of complying the decree viz. to attach the property, providing an opportunity to the J.D. to obey the decree etc. not adhered to - Order of detention in civil prison can be passed as the last..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Construction raised by plaintiff or his predecessor existing in the suit property - Depicts plaintiff in prima facie long established possession - Plaintiff cannot be dispossessed therefrom in execution of partition decree - However, in execution thereof he may take symbolic..........
Civil Procedure Code, 1908, Section 37, 38, 39-- Execution of decree - Held, Court which passed decree as well as Court to which jurisdiction is transferred are having jurisdiction to entertain application for execution of decree - Court which passed decree can either execute same by entertaining an application or it can transmit decree to other..........
Civil Procedure Code, 1908, Section 151, 37, 38, 39, Order 21, Rule 99, 97-- Transfer of execution petition - Ground of pecuniary jurisdiction - Locus standi - Legal heirs of defendant against whom execution petition was filed did not raise any objection with regard to jurisdiction of executing Court - Held, third party cannot raise question with regard to jurisdiction of..........
Evidence Act, 1872, Section 68, Civil Procedure Code, 1908, Order 41, Rule 27-- Certified copy of document cannot be received in evidence when its execution is denied - Such document can be proved only as provided u/s 68 of Evidence Act - Appellate Court cannot call for a document the genuineness of which is disputed...........
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution of decree - Suit for declaration and permanent injunction - Compromise decree - Execution petition filed by decree holder U.O.21.R.32 alleging that judgment debtor willfully disobeyed terms of compromise and Court orders - No specific averments made to show violation of compromise decree..........
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Third party objections - Disposal of objections of third party in a summary manner - Held, not proper - Executing Court is required to adjudicate upon claim of third party by considering relevant documents and relevant evidence...........
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - Petitioners on basis of alleged sale deed moved impleadment application in proceedings - Application rejected - Petitioners neither decree holders nor auction purchasers - Petitioners have no right to make objection or application U.O.21.R.97 CPC - Petitioners themselves..........
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections U.O.21.R.97 CPC - Executing Court must show promptness in rejection of indiscreet objections at the instance of unscrupulous obstructionists to facilitate expeditious execution of a decree...........
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections U.O.21.R.97 CPC - Rejection - Order neither perverse, nor suffering from any error apparent on face of record - Order not causing failure of justice - Writ petition against order is untenable...........
