Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Section 47 -- Attachment - Objections - Adjudication of claims to property - Adjudication continues till the appeal or second appeal is finally disposed of and is not confined to the first tier...........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Section 47 -- Attachment - Objections - Adjudication of claims to property are appealable - O.21.R.58(2) is akin to S.47 CPC and a separate suit is barred in both cases...........
Civil Procedure Code, 1908, Order 21, Rule 58(4) -- Execution - Money recovery based on pronote - Fraudulent transfer - If decree-holder is able to show that transfer by execution of settlement by judgment-debtor before even filing of suit and subsequent to contacting of money decree amount under pronote a fraudulent transfer to adjudicate, there is no necessity of filing..........
Civil Procedure Code, 1908, Order 21, Rule 58, 90 -- Execution - Right of auction purchaser (be it DH/auction purchaser or third party auction purchaser) - Arises only on confirmation of sale and till then, his right is nebulous and has only a right to consider for confirmation of sale...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Execution - Objections - Disputes inter se between JDs cannot be adjudicated u/s 47 CPC or U.O.21.R.58 CPC...........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 21, Rule 58 -- Rejection of application U.O.21.R.58 CPC - Appeal thereagainst U.O.43.R.1 CPC - Not maintainable, in view of express provision of O.21.R.58(4) CPC, as only an Execution First Appeal would be maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Auction sale - Objections raised U.O.21.R.58 CPC after confirmation of sale - Not maintainable in view of express bar created U.O.21.R.58(1) Proviso (a) CPC...........
Civil Procedure Code, 1908, Section 96, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58 -- Appeal against decree by a person, who is not party to the suit, but his property is ordered to be attached by order U.O.38.R.5 CPC - Appeal at his instance is not maintainable as he is not an aggrieved person - Appropriate remedy lies U.O.21.R.58 CPC by filing a..........
Civil Procedure Code, 1908, Order 21, Rule 58.S -- Execution - Attachment of property - Third party objections - Proper enquiry needs to be conducted in a claim petition filed by a third party and the same cannot be summarily disposed of - Court below dismissed the claim petition not only U.O.21.R.58(1) Proviso (b) CPC but also on merits, without there being any enquiry as..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Execution - Third party objections - Framing of issues - Court is not obligated to follow regular procedure in every false and frivolous objections - Issues are not to be framed in every unfounded, false and frivolous objections filed by someone in execution of a decree - Order dismissing objections, upheld...........
