Civil Procedure Code, 1908, Order 21, Rule 97 -- Rights of a decree holder - Executing Court - Rights of a decree holder are to be protected and he should be allowed to enjoy the fruits of the decree at the same time - Court cannot loose sight of the fact that if a person has a genuine claim it cannot be thrown out at threshold itself after summary enquiry...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Transferee pendente lite - Applicability of O.21.R.102 CPC - If claim petitioner is not a pendente lite purchaser pure and simple and O.21.R.102 CPC does not apply, executing Court should give an opportunity to both parties to adduce oral and documentary evidence...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections by vendee lis pendens - O.21.Rr.97 to 101 CPC is not applicable in case of vendee lis pendens, who purchased the property during pendency of suit...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections by vendee lis pendens - Petitioner purchased suit property after decree passed by civil Court, thus, he purchased the same on the basis of calculated risk - Objections filed by petitioner cannot be entertained, as all vague and frivolous objections need not be decided by following proper procedure in..........
Evidence Act, 1872, Section 65, Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution - Application for production of secondary evidence - Petitioners did not aver that the pre-conditions set out in S.66 of Evidence Act to produce secondary evidence were satisfied and originals of documents in issue were lost - No affidavit was filed in support of application -..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 15 -- Execution - Joint decree holders - One decree holder can file execution application for the benefit of all others...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Presentation of document for registration - Suit for specific performance - Once the document is presented for registration, executing Court ought to allow the authority under Registration and Stamps Acts to discharge their duty and function...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Presentation of document for registration - Suit for specific performance - Executing Court presents document for and on behalf of judgment debtor - Merely because the document is presented by Court, Sub-Registrar is not under obligation to mechanically accept such document for registration - Registering..........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Auction sale - Proclamation - Material mis-description of property in a sale proclamation would vitiate sale...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Auction sale - Proclamation - Joint property - Undivided share or right or interest of JD in joint property can be sold - But a specified portion of a property cannot be sold in execution sale describing it as share of JD...........
