Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections - If claim petitioner is not a pendente lite purchaser, executing Court should give an opportunity to both parties to adduce oral and documentary evidence - However, parties cannot be allowed to go on a roving enquiry to establish their rights...........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution - Show cause notice U.O.21.R.22 CPC - When an application for execution is filed within 2 years of date of decree, no notice is required to be sent to JD...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of property - Objection by JD as to attachment of property as it is mortgaged with bank - Objection not tenable as such objection can be raised by bank, the mortgagee of property, and secondly property cannot be refused to be attached on the mere ground that it is mortgaged...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of property - Objection by JDs that execution petition is premature - Objection rejected, as no such objection was raised by JDs during execution proceedings and said objection cannot be permitted to be raised before High Court in proceedings u/art 227 of Constitution...........
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25, Civil Procedure Code, 1908, Section 115 -- Execution - Objections - Revision - Executing Court decided objections on merits - Remand - Remand of case is necessary when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate..........
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..........
Civil Procedure Code, 1908, Order 21, Rule 107, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Plea of bona fide purchaser - No defence would be available to pendente lie transferee that he was a bona fide purchaser with consideration and without notice U.O.21.R.102 CPC and S.52 of T.P Act...........
Civil Procedure Code, 1908, Order 21, Rule 85, 72(2) -- Auction sale - D.H. auction purchaser - D.H. is entitled to provision of set off U.O.21.R.85 CPC - There is thus, no question of deposit of auction amount - Respondent participated in bid with permission of Court, as there was not prospective buyer to offer bid on the occasion of previous auction sale - Mandatory..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Auction sale - Publication of sale - Wide publication was given regarding sale by publication in `Daily Tribune' as well as other newspapers - That apart warrant of sale was affixed well in advance - There is thus, no violation either in proclamation of sale or in advertisement of sale...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceeding - Application dismissed by trial Court - Revision against same also dismissed by observing that application moved just to delay execution proceedings and even same is not maintainable at the instance of petitioner - Both the Courts below have recorded findings of fact and unless these findings..........
