Showing : 1-10 of 24 Results

ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 11, Order 21, Rule 106-- Execution - Dismissal in default without going into merits - Subsequent application filed within time - Held, dismissal of first execution application in default without adjudicating any rights of the parties does not operate as res judicata...........
KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11, Order 21, Rule 58-- J.D. not objected to an attachment before judgment - Held, J.D.is precluded from raising objection to attachment in execution on the principle of constructive res judicata...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 11-- Execution - Prohibitory injunction - Defendants directed not to open any window or ventilators on the southern side of his house - Construction in question done prior to filing of suit - No violation of decree - Order dismissing application U.O.21.R.11 CPC, upheld...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 11, Order 21, Rule 97, 90-- Execution - Objections - Res judicata - Objections U.O.21.R.90 CPC dismissed on the ground that remedy is already sought by filing a civil suit therefore there is no reason to implead as a party in the execution application - Objections filed U.O.21.R.97 - Held, order does not constitute res..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22, 23-- Execution - Order to proceed with attachment - Order can only be passed when either objection are not filed or objections are decided - When Court orders attachment then stage to file objections comes to an end - Once the Court decides to proceed with attachment then objections to execution cannot..........
ORISSA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 11, 47, Order 21, Rule 97-- Execution - Res judicata - Principles of constructive res judicata are applicable to execution proceedings...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 11, Order 21-- Execution - Dismissal in default - Order does not operate as res judicata as order of dismissal in default is not a final decision of Court after hearing the parties...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 47, 11, Order 21, Rule 16-- Assignment of decree - Validity - Question of assignment decided during hearing of appeal - Same cannot be reagitated in execution of decree...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 11, Order 21, Rule 63, 97, 98, 101, 103-- Independent suit after dismissal of objections - Not maintainable after 1976 amendment - Decisions of objections filed by any party, which includes third party, amounts to a decree as contemplated under Rules 101 & 103 - Remedy is only appeal and not an independent suit - Order passed under Rules..........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 11-- Motor Accident Claim - Execution - Award of Motor Accident Claims Tribunal is to be treated as a decree of Civil Court and application U.O.21.R.11 CPC is maintainable - Claimants cannot be asked to go to District Collector for same relief - Tribunal possesses inherent jurisdiction to enforce its..........

Showing : 1-10 of 24 Results