Civil Procedure Code, 1908, Order 34, Rule 15(2) -- Preliminary decree passed in a suit for foreclosure of mortgage - Cannot be executed without obtaining final decree - Rule 15(2) of O. 34 is not applicable to a mortgage decree...........
Civil Procedure Code, 1908, Order 34 -- Suit under Order 34 CPC - Guidelines laid down in Form 45 of Appendix `A' - Are only directory and not mandatory...........
Civil Procedure Code, 1908, Section 34, Order 34, Rule 11 -- Provisions of O.34. R.11 is a special provision and must prevail over the general provision contained in S. 34...........
Civil Procedure Code, 1908, Order 34, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 9 -- Suit for redemption by all or some of the persons entitled to redeem mortgaged property - Death of one of them during pendency of suit - Legal representatives of deceased not brought on record - Suit does not abate if Court can deal with matters in controversy so far as regards..........
Civil Procedure Code, 1908, Order 34, Rule 4, 5, 6, Civil Procedure Code, 1908, Order 21, Rule 40 -- Decree against the person of the mortgagor to be passed only U/O.34 R 6 CPC. Decree not in strict conformity with the provisions of O.4 R.4 or Form No.5-A of Appendix D of CPC - Cannot be executed against person of the mortgagor...........
Civil Procedure Code, 1908, Section 11, Order 34, Rule 6 -- S.11 Explanation V - Applicability of Explanation V of S.11 CPC - The words `relief claimed in the plaint' is relief sought must legitimately from part of the claim in the suit - Relief pre-mature though claimed does not attract the bar - Right to obtain a personal decree against mortgagor arises only when the..........
Civil Procedure Code, 1908, Order 34, Rule 5 -- Preliminary decree passed - Ex-parte steps for preparation of final decree notice to be sent to non appearing parties for the preparation of final decree...........
Civil Procedure Code, 1908, Order 34, Rule 1 -- Charge decree for maintenance - Execution - official receiver in whom equity of redemption vested not made party - Purchaser in execution acquires good title subject to rights of official receiver...........
