Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Executing Court is required to issue a show cause notice calling upon JD with regard to payment of decretal amount, failing which JD was liable to be arrested...........
Specific Relief Act, 1963, Section 22 -- Agreement to sell - Refund of earnest money - Recovery suit - Execution of agreement to sell is admitted by defendant - Defendant admitted that he was not owner of suit property at the time of execution of agreement and neither had he become owner thereof at the time of stipulated date for registration and execution of sale deed -..........
Civil Procedure Code, 1908, Order 21, Rule 92(1) -- Execution - Auction sale - Confirmation of sale - Sale not to be confirmed pending disposal of any objection - Pendency of application to set aside ex parte decree partakes the nature of an objection - Sale not to be confirmed pending final disposal of application to set aside ex parte decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Execution Court has to take note of objections raised by JD and deal with them on their own merits - Since executing Court failed to do so, order of Executing Court set aside - Matter remitted back to Execution Court...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 26, Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objections - Dismissal of application - Eviction decree - Petitioner resisting execution of decree by way of said application by taking up a ground which was not his defence before Rent Controller - Executing Court rightly held that..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Delivery of possession - Police assistance - Absence of any order of Court for providing police assistance - Providing police assistance without any Court order is completely unjustified - However, at this belated time, Supreme Court declined to order further enquiry into this aspect of the matter - However,..........
Civil Procedure Code, 1908, Section 47, Partnership Act, 1932, Section 42(c) -- Execution - Objections - Partnership firm - Two partners - One partner obtained a decree against the other partner - Death of both the partners - Decree obtained by one partner against the other is not executable decree as on death of a partner, partnership stands dissolved by operation of law..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed in question is null and void - Plaintiffs contended that suit property is ancestral property - Burden to prove that suit property was self acquired property of husband of vendor was on appellant/purchasers - Appellants failed to discharge such burden - Since husband of vendor did not have an..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of execution petition - Court not to go into merits and make observations thereon while allowing withdrawal of execution petition with liberty to file a fresh execution petition...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Framing of issues - Executing Court is not obligated to decide all frivolous objections by way of following proper procedure of framing issues and then allow parties to lead evidence - Such objections can be rejected summarily - More so, resistance at the instance of a person having no locus should be..........
