Showing : 1-10 of 72 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101-- Execution - Objections by stranger - Plea of limitation U.O.21.Rr.97, 100, 103 CPC cannot be raised by stranger obstructionist as such plea is only available to JD...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103-- Execution - Objections - Declaration of entitlement to remain in possession in character of lessees - U.O.21.R.97 CPC independent claim can be set up even prior to dispossession - Under O.21.R.101 CPC, all questions have to be adjudicated upon by Court dealing with application and not by a..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103-- Provisions of O.21.Rr.97 to 103 constitute a complete code and provide sole remedy both the parties to a suit and to a stranger to a decree...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99, 101-- Execution - Objection by co-sharer - Decree of specific performance - Objector earlier also filed application objecting execution of decree, which was rejected on merits and attained finality - Yet after 5 years of such rejection, virtually on similar grounds subsequent application filed -..........
DELHI HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38, Civil Procedure Code, 1908, Order 21, Rule 101-- Suit for declaration that decree of possession passed in civil suit is null and void and also for permanent injunction and compensation - Objections against said decree already filed U.O.21.R.101 CPC in execution petition - Separate suit for declaration against the very same decree is not..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101-- Execution of decree - Suit for possession - Resistance by stranger - Mere possession of property subject matter of decree under execution is not by itself sufficient for resisting execution of said decree by stranger - Requirement of law is to establish independent legal right to possess said..........
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..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101-- Execution - Objection by sub-tenant - Sub-tenants in wrongful possession of suit property has successfully dragged the proceeding for more than three decades by taking undue advantage of procedural complications - Frivolous defences and frivolous litigation is calculated in the case - Long..........
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...........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101-- Execution - Decree for specific performance - Third party objections - Application for impleading in the suit dismissed - Order not challenged - Obstructers therefore not entitled to obstruct the decree in execution petition, more so when rights of some of obstructers were resolved in individual..........

Showing : 1-10 of 72 Results