Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Civil Procedure Code, 1908, Order 21, Rule 30, 37 -- Execution - Money decree - Simultaneous execution for arrest of JD and also for attaching his salary - Earlier E.P for attaching salary of JD was dismissed for default - Subject E.P was filed for arrest of JD - JD is a Teacher and drawing salary of Rs.16,000 and he did not pay any amount after dismissal of earlier E.P -..........
Civil Procedure Code, 1908, Section 47 -- Execution - Money decree - Objection by JDs - Objection raised by JD in regard to non-registration of reconstitution of partnership deed does not fall within definition of `questions' as contemplated u/s 47 CPC - Rejection of execution petition set aside - Execution petition restored...........
Civil Procedure Code, 1908, Order 21, Rule 17(1A) -- Execution - Money decree - Decree provided that plaintiff is entitled to consequent relief of realizing his withheld amount of Re-investment plan (RIP) of Rs.51097 - Entire controversy hinges in respect of said direction made in decree - Whether realization of withheld amount of RIP of Rs.51097 would mean merely a sum of..........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Money decree - Arrest and detention of JD - Willful evading of payment by JD - DH contended that JD willfully and deliberately evading payment even though he is possessed of sufficient means to satisfy decree, as he is running a business - However, JD stated that said business is being run by his wife and not..........
Civil Procedure Code, 1908, Order 27, Rule 8A, Civil Procedure Code, 1908, Order 41, Rule 5, 6 -- Stay application filed by Government - O.27.R.8-A CPC may exempt Government from furnishing security for seeking stay of execution of money decree - It, however, does not provide that decretal amount cannot be required to be deposited in appeal against a money decree...........
Agreement to sell -- Specific performance - Suspicion regarding date of execution of agreement to sell - Plaintiff filed suit with incorrect assertions that possession was delivered - More so, plaintiff in his earlier suit for injunction knew that property transferred as per compromise decree under the ownership of defendants No.2 & 3 but still he waited more than 1 year..........
Civil Procedure Code, 1908, Order 21, Rule 37, 66 -- Execution - Money decree - Conditional warrant of arrest - Sum involved is Rs.8,37,915 - Once property of JD is attached and order passed for filing application U.O.21.R.66 CPC, said procedure is to be followed to sell property and recover amount - Remedy of arrest and detention of JD is extra ordinary remedies and..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention of JD - Before ordering detention in civil prison, Executing Court is required to record satisfaction that JD possesses sufficient means and he has neglected or refused to satisfy decree...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention of JD - Property was under dispute with JD`s own son, who challenged order of attachment and Court stayed execution proceedings - No material on record to show JD fetched any income from that property - Therefore, Court cannot arrive at satisfaction that JD..........
