Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Proviso - Money decree - Execution - Arrest and detention - Notice to J.D. to show cause instead of warrant of arrest - Notice to be issued to J.D. to appear before the Court - However, such notice is not necessary when Court is satisfied by affidavit or otherwise, that with the object or effect of delaying the..........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Joint decree holders - Death of one D.H. - During pendency of execution and after death of deceased D.H. his heirs executed a relinquishment deed in favour of remaining D.H's - Provision of O.21.R.15 CPC is applicable and execution can proceed without bringing on record L.R's of deceased D.H...........
Civil Procedure Code, 1908, Section 47, Order 22, Rule 5 -- Substitution of Legal representative of deceased in Execution - Suit for eviction - Decree - Two persons, namely, wife and sister of deceased decree-holder claiming right to represent him - Executing Court had allowed wife to be substituted after contest with judgment-debtor - Neither of them was party to suit -..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 12, Rule 6 -- Decree on admission - Execution - Suit was for possession - Order rejecting applicant's impleadment in said order - Applicant filed objections in execution proceedings - Objected to - Plea of tenancy under plaintiff - Said allegation is contrary to allegation in application for..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Money decree - Execution - Attachment of joint property - If the co-owner of property is neither a debtor nor a guarantor then his share in the property cannot be attached merely because that co-owner happens to be the wife of J.D. or a partner in business...........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Execution - Order of attachment before judgment passed by Court during pendency of suit - Attachment affected in pursuance of order - Insolvency proceeding - Indication of - Status of Decree Holder - Not secured creditor...........
Civil Procedure Code, 1908, Order 21, Rule 36 -- Tenant - Redemption of mortgage - Tenant inducted by mortgagee - Property redeemed and remortgaged and tenancy continued - Held, as tenant was not inducted by mortgagor as such tenant is liable to be evicted in execution of final decree of redemption obtained against the second mortgagee...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Dispossession - Open vacant land - When possession of open vacant land is delivered in execution of a decree it amounts to dispossession of the owner - Merely because at the time of execution of the decree owner was not physically present it cannot be said that delivery of possession to D.H. by Court does not amount to..........
Civil Procedure Code, 1908, Order 21, Rule 101, 99, 97 -- Open vacant land - In execution of decree owner dispossessed as possession reported to be delivered to D.H. - Owner looses his right and control over the land when Nazir of Court delivered possession to D.H. - Such a person can make an application to executing Court and seek adjudication of his right and title in..........
Second execution application -- First execution application filed by decree holder dismissed in default - Application under Order 9 Rule 9 CPC not filed and second execution application filed - Second application held maintainable...........
