Civil Procedure Code, 1908, Order 21, Rule 106 -- Scope - O.21.R.106 CPC provides remedy in case applications U.O.21.Rr.97, 99 CPC were dismissed in default and Court ordered for execution of decree U.O.21.R.23 CPC - It does not provide remedy for recalling the order dismissing execution application of DH in default - Appropriate remedy is to file an application u/s 151..........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Decree not transferred or assigned - Petitioner does not fall in the definition of decree holder, as such, cannot seek execution of decree...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Where the interest of Decree holder in the decree is transferred by assignment in writing or by operation of law, transferee may apply for execution of decree to the Court which it passed...........
Civil Procedure Code, 1908, Order 21, Rule 102, 98(2) -- Execution - Objection by pendente lite purchaser - Barred U.O.21.R.102 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Objections U.O.21.Rr.97, 99 CPC by Judgment Debtor - Dismissal - Appeal thereagainst is not maintainable as J.D. is not a third party whereas said provisions apply to third person - Remedy if any was to file revision against the same - Appeal dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Mere filing of an appeal does not operate as stay of execution - It is only the appellate Court which can stay the execution - However, Executing Court may stay the execution of the decree if J.D. has filed any suit against the decree holder...........
Civil Procedure Code, 1908, Order 21, Rule 58, 102 -- Execution - Registered sale deed - Specific performance, decreed - Objection to execution raised by purchaser pendente lite - Maintainability - Even though purchaser was not party to suit, but by virtue of provisions of S.52 of TPA, 1882 he is bound by decree passed by trial Court - Thus, a purchaser of suit property..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections - Alienation of property to daughter on the basis of MOU and unregistered agreement - MOU and agreement collusive and in order to defeat execution proceedings - High Court erred in law in setting aside the attachment - Appellant is free to carry out the execution and to realize the amount from the..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Plaintiff prayed for declaration of right, title, interest of suit property, recovery of possession and permanent injunction - Trial Court declared the title of plaintiffs over suit property and granted permanent injunction - Prayer for recovery of possession refused as..........
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,..........
