Showing : 1-10 of 49 Results

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...........
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..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 52-- Execution - Decree for specific performance - Objection by pendente lite transferee - Property sold during pendency of appeal, which is not permissible in view of bar created by doctrine of lis pendence and O.21.R.102 CPC - Pendente lite transferee thus, has no right and not entitled to offer any..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Eviction decree - Objection by sub-tenants - Enquiry U.O.21.R.97 CPC - Sub-tenants have no independent right or title - Their interest is only under JD - Executing Court not required to hold enquiry, as only if obstructor has semblance of right, interest or title superior to that of DH..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Eviction decree - Objections - Enquiry U.O.21.R.97 CPC - Holding an enquiry may not be necessary if it can be made out apparently that obstruction is caused at the instigation of JD or on his behalf or by transferee from JD either during pendency of a suit or execution proceeding...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - All objections in terms of O.21.R.97 CPC are not necessarily to be decided by way of following proper procedure - Any frivolous objection cannot be decided by way of adopting procedure of framing issues and allowing the parties to lead evidence just to delay execution of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objection by third party - Petitioner does not claim to be in actual possession of decretal property, thus she cannot file an objection U.O.21.R.97 CPC - Even if petitioner is in possession of property, she cannot otherwise maintain such application after dismissal of her objections..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - There is no bar for execution Court to treat an application filed to record resistance to delivery of property as one for removal of obstruction U.O.21.R.97 CPC...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - It is not obligatory always for decree holder or auction purchaser to file an application U.O.21.R.97 CPC regardless of the circumstances of case...........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 32(5), 97, 99-- Execution of decree of injunction - Powers of Executing Court - Decree of injunction sought to be executed and in the process, a person is threatened with dispossession or is dispossessed - Such person has right to complain as per rules contained from R.97 onwards - More so, he cannot be shown..........

Showing : 1-10 of 49 Results