Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Civil suit not pending in same Court where execution proceeding is pending - Said suit is neither filed by JDs nor it is filed against DH, as DH is only a formal party in the suit - None of requirements is satisfied for invoking provision of O.21.R.29 CPC - Application dismissed...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Civil imprisonment - Merely because J.D. does not have any movable and immovable property he cannot be ordered to be detained in imprisonment...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Civil imprisonment - Plea of J.D. that he anyhow or other is earning his livelihood and arranging the expense required for his medical treatment by way of working as a labourer - On this basis it cannot be said that J.D. is a man of means or that he has neglected to pay the decretal amount..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Civil imprisonment - In order to seek detention of J.D. in imprisonment, decree holder is required to plead and prove its case in terms of provisions contained U.O.21.R.37 read with S.51 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Auction sale - Confirmation of sale - Closure of execution petition - Remedy available to J.D. U.O.21.Rr.89, 92(2) CPC not availed by him before execution Court in time - Defendant thus, has no right or whatsoever to question Court auction sale which was held in the year 2002 itself - Moreover, sale certificate is issued..........
Limitation Act, 1963, Article 134, Civil Procedure Code, 1908, Section 47, 12, Order 21, Rule 95 -- Limitation - Auction sale - Delivery of possession of property not asked within the statutory period of one year - Remedy of regular suit for declaration of title and recovery of possession is available subject to limitation...........
Civil Procedure Code, 1908, Order 21, Rule 34, Civil Procedure Code, 1908, Order 7, Rule 3, Civil Procedure Code, 1908 -- Execution - Decree for specific performance - Property not identified definitely - Successful plaintiff cannot be deprived of fruits of decree - Executing Court to take such steps as may be necessary for fixing identity of property - Executing Court may..........
Civil Procedure Code, 1908, Order 21, Rule 90, 64 -- Auction sale - Setting aside - Property worth Rs.1 crore sold in auction sale at partly sum of Rs.5,50,000 - Sufficient ground to set aside sale...........
Civil Procedure Code, 1908, Section 96, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58 -- Appeal against decree by a person, who is not party to the suit, but his property is ordered to be attached by order U.O.38.R.5 CPC - Appeal at his instance is not maintainable as he is not an aggrieved person - Appropriate remedy lies U.O.21.R.58 CPC by filing a..........
Civil Procedure Code, 1908, Order 21, Rule 58.S -- Execution - Attachment of property - Third party objections - Proper enquiry needs to be conducted in a claim petition filed by a third party and the same cannot be summarily disposed of - Court below dismissed the claim petition not only U.O.21.R.58(1) Proviso (b) CPC but also on merits, without there being any enquiry as..........
