Civil Procedure Code, 1908, Order 21, Rule 90, 66 -- Auction sale - Setting aside - Execution of exparte decree - Application for stay of execution filed in an application for setting aside exparte decree - Trial Court should not have proceeded to sell the property in post-haste manner - Sale of land without notice to J.D. on refusal report on an application U.O.21.R.66..........
Civil Procedure Code, 1908, Section 47 -- Execution - Distinction between a decree which is void and a decree which is wrong, incorrect, irregular or not in accordance with law - Where a Court lacks inherent jurisdiction in passing a decree or making an order, a decree or order passed by such court would be without jurisdiction, non est and void ab initio - Defect of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Non joinder of a party who is not necessary party to the suit - Does not render the decree a nullity...........
Civil Procedure Code, 1908, Order 20, Rule 12A, Specific Relief Act, 1963, Section 15 -- Specific performance of suit - Agreement to sell property - Plaintiffs averred that amount of loan advanced by them to defendant was treated as advance and balance sum was to be paid by plaintiffs at time of execution and registration of sale deed - However, defendant issued notice to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2(i) & 97 -- Ejectment order - Execution - Objections - Fresh tenancy alleged to be created by one of the D.H. - Execution cannot be stayed - Any adjustment of decree which is not recorded by Court U.O.21.R.2(i) cannot be recognised by the executing Court and that too within the prescribed period of limitation of 30..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution of motor accident award - Order of attachment of land of judgment debtor - Objector claimed that he is owner of said land - Decree holder has attached revenue record to prove that said property is a joint Hindu family coparcenary property - Coparcenaries Status not objected - Owner to the extent of half share by..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104 -- Suit for specific performance - Objections by son that suit property is a joint Hindu family and coparcenary property and that decree cannot be executed against him - Held, son has no right to intervene in the process of sale at this stage - Coparcener shall have right to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104 -- Execution - Objections - Framing of issues - Merely because frivolous and vexatious objections are filed with a view to delay and defeat the execution of the decree, it is not necessary that Court must frame issues and grant opportunity to the parties to lead evidence...........
Civil Procedure Code, 1908, Section 60(1)(ccc) -(As applicable to Punjab and Haryana) - Execution - Decree of specific performance - Exemption of attachment and sale of one residential house - Exemption is not available in case of execution of decree of specific performance as residential house is not attached or sold in execution of decree but decree for specific..........
Civil Procedure Code, 1908, Section 34 -- Interest - Agreement to sell - Decree for return of earnest money - Agreement to sell executed as a collateral security for repayment of loan or debt - Loan taken in the year 1990 and defendant denied the execution of agreement itself - Interest pendente lite and future interest allowed at the rate of 12% per annum...........
