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Results of execution civil procedure code

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Showing : 421-430 of 1907 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 115, Order 21, Rule 99, 100, 101 -- Objections for specific performance and possession - Petitioner took plea that she was a tenant who had come into possession prior to litigation - After examining the documents place on record it is concluded that documents pertained to period subsequent to litigation - In execution proceedings issues..........

KERALA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Application u/s 47 CPC - Scope - Finality of decree put in execution cannot be mutilated in performance of judicial function of deciding an application u/s 47 CPC - Executing Court would be concerned only with questions relatable to due execution, discharge and satisfaction of decree - However, that does not include the..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objection petition - Executing court is competent to decide all the questions including question of title in execution proceedings itself and not by way of separate suit in view of provisions contained in S.47 read with O.21.R.101 CPC...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 21, Rule 95 -- Delivery of possession - Application for delivery of possession must be filed within a period of one year after the confirmation of sale - Subsequent application filed for execution was to revive previous application still pending - Subsequent application is in continuation of prior proceedings, hence not barred by..........

KERALA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Failure to appear in person or through counsel in response to notice issued U.O.21.R.37 CPC - J.D. cannot be set ex parte - Court can set a party ex parte only if it can proceed further in his absence...........

KERALA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 21, Rule 40(2) -- Execution - Arrest and detention - Detention U.O.21.R.40(2) CPC, is not for no, payment of debt but only to ensure the presence of JD during enquiry...........

KERALA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 21, Limitation Act, 1963, Section 5 -- S.5 of Limitation Act is not applicable to execution proceedings...........

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 10 -- Territorial jurisdiction - Cause of action - Recovery suit - Execution of loan agreement and default in payment of EMIs under loan agreement arrived at within jurisdiction of trial Court - Place where contract is executed and payments were made, form a part of cause of action - Trial Court is bound to entertain..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Decree for removal of encroachment - Objections - No valid grievance to obstruct execution of decree - Apprehension that while executing decree possession of petitioners on pattasud land is likely to be disturbed is wholly unfounded - Executing Court committed no illegality and material irregularity in exercise of its..........

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and partition - Plaintiffs admitted execution of Will by their deceased father and to the fact that suit premises was his self acquired property - Held, thereafter there does not exist any cause of action in favour of plaintiff to institute the suit, nor do they have locus standi to..........

Showing : 421-430 of 1907 Results