Showing : 21-30 of 55 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58, 97-- Execution proceedings - Remedies available u/rr 58 and 97 of O.21 CPC - Scope of - Held, remedies are of limited scope - It is only when a person has no grievance about a decree to which he is a party, but only about execution thereof, that he can take recourse to such remedies...........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 97, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 12-- Eviction - Recovery of possession - Tenant compromised eviction suit with landlord and agreed to vacate suit premises within stipulated period as reported in the compromise decree - Tenant did not vacate suit premises within stipulated time - Execution filed - In Execution present petitioner..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 22, Rule 4, 12-- Abatement - Execution proceedings - O.22.R.12 applies to proceedings U.O.21.R.97 CPC - Death of respondent in an application U.O.21.R.97, there would be no abatement U.O.22.R.4 CPC...........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 105, 106-- Execution - Court sale - Procedure for consideration of application under R.97 or 99 even where it is by the decree holder, for removal of the obstruction to delivery of possession by J.D. or any person claiming under him, or by a third party, not claiming under the J.D. is governed by O.21.Rr.105..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 105, 106-- Execution - Procedure U.O.21.Rr.105 & 106 CPC is not confined to the adjudication of application under Rules 97 or 99 but in the case of any other application covered by O.21 of the Code wherein an adjudication of the substantive right of the parties is involved for determination by the Court...........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 92(4)-- Execution - Court sale - Third party objections - Third party claiming any right over the property covered by Court sale can have recourse to Rr.97 or 99 and not by way of a separate suit...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Eviction order - Execution - Obstruction by third party - Claim of tenancy - No documentary evidence of taking shop on rent - No rent receipt produced - Rent sent once by Money order but no proof of same - Rent not deposited in Court when rent sent through money order not accepted - Mention of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Objection petition U.O.21.R.97 CPC alleging fraud or collusion between D.H. and J.D. - Held, it is a question of fact which can only be ascertained when issues are framed and opportunity granted to the parties to lead evidence - Objections U.O.21.R.97 CPC have to be decided as a suit - Held, Court..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 11, Order 21, Rule 97, 90-- Execution - Objections - Res judicata - Objections U.O.21.R.90 CPC dismissed on the ground that remedy is already sought by filing a civil suit therefore there is no reason to implead as a party in the execution application - Objections filed U.O.21.R.97 - Held, order does not constitute res..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Resistance or obstruction - Application U.O.21.R.97 CPC - To be decided on merits - Rejection of application only on the ground that since objector has been party through his predecessor, hence has no right to resist his dispossession at this stage - Unsustainable - Quashed - Execution..........

Showing : 21-30 of 55 Results