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Results of execution civil procedure code

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Showing : 361-370 of 1925 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objection by third party - Petitioner does not claim to be in actual possession of decretal property, thus she cannot file an objection U.O.21.R.97 CPC - Even if petitioner is in possession of property, she cannot otherwise maintain such application after dismissal of her objections being a third party -..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 43, Rule 1(j), Civil Procedure Code, 1908, Order 21, Rule 92 -- Appeal - Order of confirmation of sale in execution proceedings - Does not fall within the scope and ambit of O.21.R.92 CPC, particularly when such order nowhere discloses that any application was made and it was disallowed, thus not appealable U.O.43.R.1(j) CPC...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Violation of decree has to be proved by DH for attracting action in execution of judgment and decree U.O.21.R.32 CPC - Even if, there is no violation of decree as on date in terms of specific instance, that itself will not preclude DH from taking action in terms of O.21.R.32 CPC at a subsequent stage, when such..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Injunction decree - Violation of decree - Plaintiff not specified any particular incident with reference to date, time and manner of occurrence in the petition - Cause of action for filing petition U.O.21.R.32 CPC cannot be advanced - Merely because defendant stated in his cross-examination that he was not bound..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 151 -- Additional evidence - Comparison of thumb impression of testator on Will with thumb impressions on mortgage deed - Expert evidence by way of additional evidence cannot be allowed at this stage, as such type of evidence was required to be led in affirmative - Even otherwise, evidence cannot be permitted as alleged thumb impression..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Disobedience of decree by JD - Proceedings U.O.21.R.32 CPC, are punitive proceedings - JD can be punished only on the basis of positive cogent and reliable evidence in order to prove that JD has intentionally and voluntarily disobeyed the decree passed by trial Court...........

TRIPURA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objection once raised at trial and decided by trial Court, it is not open to parties to raise it again at the stage of execution...........

TRIPURA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objections - Issue regarding correction of boundary of suit land already decided by executing Court - No objection was raised by JD - Correctness of facts recorded by a Court of law in a judicial proceeding is sacrosanct and cannot be questioned at a belated stage - JD has absolutely no lawful basis..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Decree for declaration and possession - Petitioner claimed to be owner of suit property by way of Will and contended that boundaries of suit property not mentioned in the plaint - However, record shows that boundaries of suit property are mentioned in the plaint - Moreover,..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - First appellate Court while dismissing application of plaintiff failed to appreciate that additional evidence being in the nature of public document i.e agreement executed between i.e. an agreement executed between plaintiff-corporation and defendant and execution of which agreement..........

Showing : 361-370 of 1925 Results