Civil Procedure Code, 1908, Section 24-- Transfer of a suit - High Court or District Court has power to transfer a case on the motion of any other party or on its own motion and it applies to suits, appeals and other proceedings, including execution proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 58-- Execution - Objections - Framing of issues and providing opportunity to parties to lead evidenced - Not necessary when there are no issues or material aspects to be adjudicated upon and objections are vague, fluid and non clinching and moreso when no supporting material or revenue documents are..........
Civil Procedure Code, 1908, Section 2(12)-- Mesne profits - Partition suit - Defendant is in settled possession of properties in question - Plaintiff who is aged person is residing somewhere else and has no intention to settle at the place where properties are situated - By way of final decree of possession in favour of plaintiff to the..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 98, 99, 100, 101, 102, 103-- Execution - Objections - Executing Court expressed an opinion that it has become functus oficio and hence, it cannot initiate or launch any enquiry - Jurisdiction of High Court invoked under article 227 of Constitution assailing the order on the foundation that executing court had failed to..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103-- Execution - Objections - Questions pertaining to right, title or interest in the property arising between parties and claim of a stranger who apprehends dispossession or has already been dispossessed from immovable property - Executing Court to adjudicate the lis and the purpose is to avoid..........
Civil Procedure Code, 1908, Order 9, Rule 9-- Execution - Objections - Dismissal in default - Restoration - Objections remained pending for two years and on date counsel appearing on behalf of petitioner failed to appear and objections dismissed for no, prosecution - Interest of party should not suffer for misdemeanor or inaction of his..........
Civil Procedure Code, 1908, Section 50-- Execution - Decree of permanent injunction - Death of J.D. - Execution of decree against L.R's of deceased J.D. - Where J.D. dies before decree is fully satisfied D.H. can execute the decree against L.R's of deceased J.D. - Plea of L.R's of J.D. that since they were not parties to decree thus they..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37-- Execution - Issuance of warrant of arrest - Executing Court is to record a positive finding as to fact that there is no possibility of satisfying the decree except by way of arrest - Merely because it appeared to Court that there is no possibility to satisfy the decree, is not equivalent to..........
Civil Procedure Code, 1908, Order 21, Rule 58-- Execution - Attachment of property - Executing Court cannot levy warrant of attachment on the property which is already sold prior to such claim made by the decree holder...........
Civil Procedure Code, 1908, Order 21, Rule 58-- Execution - Executing Court cannot decide the validity of sale of property effected by virtue of a decree passed by another Court while deciding the application U.O.21.R.58 CPC...........
