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ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 101, 103-- Decree for possession - Third party dispossessed in execution of decree - Not barred from filing a separate suit...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108-- Granting of opportunity to objector while entertaining objections under Section 47 read with Order 21 Rules 97 to 108 - Does not amount to permission for abusing the process of law or Court - Not incumbent upon Executing Court to put to trial every objections filed in execution proceedings -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108-- Objection petition - Opportunity to lead evidence - Held, it is not incumbent upon the executing Court that it must put to trial every objections which are filed in any execution proceeding, even if prima facie they appear to be frivolous, vexatious and are only intended to delay the execution and..........
KARNATAKA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101, 103-- Person other than J.D. dispossessed in execution of decree - Application U.O.21.R.99 filed - It is mandatory for the Court to dispose of the same in accordance with Rules 100 and 101 of Order 21 CPC...........
KARNATAKA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101-- Once an application is filed by the aggrieved person under Rule 97 or 99, then Rule 101 bars the filing of a separate suit on any question arising between the parties including the questing relating to the right, title and interest in the property...........
KARNATAKA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 100, 101-- Person other than J.D. dispossessed - Such person can either file application U.O.21.R.99 before Executing Court or to file suit for restitution - Both remedies cannot be resorted to at the same time - Where person dispossessed has filed suit for restitution when his application U.O.21.R.99 is..........
RAJASTHAN HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101-- Exparte eviction decree - Execution - Third party claiming right - His objections to be decided by Executing Court - Independent suit is not maintainable - Application filed by objector u/s 151 CPC to be treated as one filed U.O.21.R.97 CPC...........
BOMBAY HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 21, Rule 101-- Suit for specific performance Consent decree passed on undertaking given by defendant that no third party rights would be created in suit property - In breach of undertaking third party rights created - In execution third party claiming tenancy rights - Creation of tenancy in breach of undertaking..........
SUPREME COURT OF INDIA
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 21, Rule 35(3), 101-- Suit for declaration of title and possession - Decreed - Execution - Constructions made pendente lite -Executing Court is empowered to direct removal of any obstruction or super structure made pendente lite...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 21, Rule 46-A, 101-- Execution - J.D. known by two names - Objection raised that decree cannot be executed being in the name of some other person - Such question can be decided by executing Court...........

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