Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to validity of a decree - Suit for specific performance was maintainable only before civil Court - Therefore Court did not lack inherent jurisdiction and decree in such a case would not be nullity and not open to challenge in execution proceedings - Objection rejected...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Claim petition U.O.21.R.58 CPC - Maintainable, if property attached is not already sold...........
Civil Procedure Code, 1908, Section 104(h) -- Appeal - Order of arrest and detention - Appeal u/s 104(h) CPC not maintainable, if order of arrest and detention is passed in execution proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 11, 11A, 30 -- Execution - Arrest and detention - JD failed to appear in Court despite repeated opportunities afforded to him - Trial Court thus, rightly issued warrant of arrest against JD while exercising power U.O.21.Rr.11, 11-A, 30 CPC...........
Unauthorised occupant -- Once Court find an occupant a trespasser, or a person in unauthorized occupation, against the claim of the lawful owner, such unauthorized occupant does not have any further right to possession over disputed premises - Said unauthorized occupant has to vacate the premises voluntarily, after adjudication is entered by court - Upon failure to do so,..........
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 97, 99, 100 -- Execution - Eviction decree - Third party objection - No privity of contract between DH and appellant with regard to tenancy in respect of disputed shop - Relationship between lessor and lessee between DH and JD was established - Appellant is a third ranked party in respect of landlord-tenant..........
Civil Procedure Code, 1908, Section 153 -- `Suit' - Term `suit' is comprehensive and encompasses proceedings in the Court of justice by a party for an action under law and proceedings for execution of the order of Court involving different modes of procedure under order 21 CPC...........
Civil Procedure Code, 1908, Section 152, 153 -- Amendment of cause title - Execution proceedings - Ss.152, 153 CPC empower Executing Court to allow amendment of cause title in execution proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Grant of adequate opportunity to JD before detention is necessary till, he has nothing further to state...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Executing Court is to record a positive finding as to fact that there is no possibility of satisfying decree except by way of arrest of JD - Merely because it appeared to Court that there is no possibility to satisfy decree, is not equivalent to `satisfaction' statutorily..........
