Civil Procedure Code, 1908, Section 47 -- Bar of separate suit - Does not apply when possession was given in lieu of or in execution of decree but subsequently decree-holder was dispossessed - This dispossession gives rise to a new cause of action for suit...........
Civil Procedure Code, 1908, Order 21, Rule 101 -- Suit for specific performance Consent decree passed on undertaking given by defendant that no third party rights would be created in suit property - In breach of undertaking third party rights created - In execution third party claiming tenancy rights - Creation of tenancy in breach of undertaking itself being nullity,..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Execution - High Court converted the proceedings into claims and counter-claims to which the second respondent was not a party - Held, the High Court acted against all notions of law in execution - Order of High Court set aside...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Only such part of the property is to be sold in execution which is sufficient to satisfy the decree...........
Civil Procedure Code, 1908, Section 47 -- Court is well within its power to find the true intention of the decree for the purpose of execution, discharge and satisfaction - Executing Court cannot go behind the decree but it does not bar the executing Court to take steps to give effect to the decree - Finding of executing Court that decree is not enforceable against..........
Civil Procedure Code, 1908, Section 144, 151 -- Eviction order - Appeal - During pendency of hearing of stay application D.H. undertaking not to execute decree till hearing of stay application - J.D. dispossessed on same day in execution proceeding - J.D. ordered to be put back in possession by invoking powers under Section 151 CPC - Held, S.144 is not applicable in such..........
Civil Procedure Code, 1908, Section 51(c) -- Money decree - Execution - No demand and no refusal of payment of decretal amount - Order of arrest set aside...........
Civil Procedure Code, 1908, Order 41, Rule 1(3), 5(5) -- Failure to make deposit or to furnish security - Court not to grant stay of execution of money decree...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Exparte ejectment order -Petitioner not to be dispossessed in execution of exparte decree till final decision on application under order 9 rule 13 CPC...........
Civil Procedure Code, 1908, Section 47 -- Money decree - Execution - Objection by transferee of J.D. -Property sold in auction and sale confirmed - Objection, not tenable as objector was transferee of J.D. and thus bound by money decree...........
