Showing : 11-20 of 435 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 16-- Execution of decree sought by assignees - Application for issuing of notice to original DH - Notice was issued by Court to JD but not to original DH - JD filed their objections, but fact remains that execution application not decided yet in either way - Assignees preferred an application of..........
DELHI HIGH COURT
Year of decision: 2018
Details
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...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
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 entitled to offer any..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
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...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47, 115-- Execution - Appointment of Chartered Accountant by High Court for the purpose of determining as to whether decretal debt is satisfied - Issue as to whether decree has been discharged or satisfied has to be determined by Executing Court u/s 47 CPC - Executing Court must execute decree as it stands..........
JHARKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3-- Compromise decree - Objection as to its executability/execution - Compromise decree is enforceable by levying of execution as contemplated U.O.23.R.3 CPC, particularly when both the parties on mutual consent had agreed that compromise decree would be executable on its no, implementation of terms..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objection by JD - Identity of property was questioned by JD - However, in execution petition question of identity of property could not be raised - After passing decree in favour of DHs, it is for them to look out the question of identity of property - Petitioner who is JD, cannot..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Execution - Redemption of mortgage - Final decree proceedings - Petitioners contended that execution petition is not maintainable, as same is filed for relief of demolition of constructions of building found in suit property when no such prayer was made in preliminary and final decree proceedings..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application for setting aside ex parte decree filed after delay of 1103 days - Defendant claimed that their advocate failed to intimate date of hearing - However, defendant received summons in execution petitions - Defendants also failed to prove that they have..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 38, Rule 11, 11A, Civil Procedure Code, 1908, Order 21, Rule 54-- Attachment before judgment - Property attached before judgment and a decree subsequently passed in favour of plaintiff - It shall not be necessary upon an applicant for execution of such decree to apply for re-attachment of property, as said order of attachment before judgment has to be considered..........

Showing : 11-20 of 435 Results