Civil Procedure Code, 1908, Order 21, Rule 21, 30 -- Execution - Money decree - Different execution petitions, seeking execution of decree by arrest and detention and by attachment and sale of immovable property are not maintainable at a time, as the execution Court is vested with discretion to execute the decree in single execution petition alternatively by proceeding..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Delivery of property with different boundaries - Not permissible - Executing Court cannot go beyond the decree and grant relief to DH by delivering the property with different boundaries not tallying with decree - It is for DH to file a petition u/s 152 CPC for amendment of judgment and decree and also plaint...........
Civil Procedure Code, 1908, Section 2(2), 36, 141 -- Writ petition - Final judgment in writ petition not a decree or order - Not capable of execution - Such judgment can be enforced by invoking contempt jurisdiction of High Court - S.141 CPC is clear that CPC does not apply to writ petitions under Article 226 of the Constitution of India...........
Limitation Act, 1963, Article 136 -- Execution - Limitation - In revision petition, order of status quo was passed whereby decree holder was debarred from filing execution petition - Period from the date status quo order was passed and when revision petition was dismissed in to be excluded - Held, execution petition is filed within time...........
Civil Procedure Code, 1908, Order 21, Rule 36 -- Execution of eviction decree - Recurring infringement of decree by tenant - Second execution petition filed by subsequent purchaser - Maintainability - Tenant earlier vacated rented premises but subsequently trespassed into it - Executing Court would not become functus officio to pass second order of delivery - Thus,..........
Maxim Functus Officio -- Depends upon nature and extent of power conferred on authority functioning - Exceptions - Court under inherent power can correct some kind of errors which include (a) Jurisdiction to take note of subsequent events and to mould the relief (b) In case of sale, there can be a petition for setting aside of sale on ground of irregularity or illegality..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Framing of issues - Material proposition of fact asserted by one party and denied by the other party in objection petition - Held, that framing of issues and giving opportunity to objector to lead evidence and also giving opportunity to no, objector to adduce rebuttal evidence is essential...........
Civil Procedure Code, 1908, Order 21, Rule 106(3) -- Execution petition - Dismissed in default - Restoration - Limitation - 30 days - Starting point of limitation is date of said order and not from date of acquiring knowledge about dismissal of execution petition...........
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 14 -- Eviction - Non-payment of rent - Payment of rent to Rent Controller instead of Landlord is not a valid payment, as neither any intimation was sent to landlord nor any request was made for withdrawal of same - It is only after expiry of statutory period of 30 days, when landlord filed an application for..........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Petition in writing by a person who is acquainted with the facts of the case and not necessarily by the very same person, who may have been authorized to institute the original suit proceedings - Held, execution petition is maintainable...........
