Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101-- Execution - Claim petition - Such an application is to be dealt with, as if it is a suit...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101-- Execution - Claim petition - Proof of title - As in the case of a suit for declaration of title, in the claim petition also, the extent to which a title must be established is always relative - In a given case, if plaintiff is able to establish a semblance of title, though not so perfect one, he..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101-- Execution - Claim petition - Mere taking a plea in a claim petition that the decree obtained is collusive or fraudulent does not sub-serve the purpose - It must be established by filing a separate suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Husband seeking restraint order against wife from obstructing his entry and exit into the premises - Husband gifted away the property to wife - After execution of the gift deed plaintiff lived in the house only in his capacity as husband of defendant - Parties having..........
Civil Procedure Code, 1908, Section 47-- Execution - Attachment of property of J.D. - J.D. ready to pay the decretal amount - Executing Court shall proceed with the execution and shall not confirm the sale if the entire decretal amount along with interest is deposited on or before 31.05.2013 with a caution that sale is not stayed...........
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Courts held that objections are not maintainable - But how objections are not maintainable not mentioned - Held, objections relating to execution of a decree are to be decided by the Executing Court - Although it is not necessary that Executing Court is to frame issues but..........
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Raised in judgment and decided against the applicant - Those questions cannot be re-agitated in execution...........
Civil Procedure Code, 1908, Section 47, 152-- Execution - Wrong description of area - Decree of specific performance - 0.74 acres or 0.74 decimal (0.74 decimal comes to about 35 square yard) - Land sold for agricultural purposes - 35 square yards is not sufficient even for constructing a house - Wrong description of area was merely..........
Civil Procedure Code, 1908, Order 21, Rule 1-- Execution - Uncertified payment - Gives an independent right to J.D. to seek for recovery but it cannot be made a subject of discharge or set off for the J.D. against the D.H...........
Civil Procedure Code, 1908, Order 21, Rule 106-- Execution - Setting aside ex parte order - In an execution proceeding after passing through all those stages pursuant to sale and delivery of property belonging to J.D., effected in compliance of the rules and formalities thereunder is over, any application moved by J.D. with reference to non..........
