Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Exemption - House of agriculturist - Exemption of attachment of house of an agriculturist cannot be defeated by waiver of such right by party entitled to it or by his failure to produce material to substantiate the claim if Court finds that he is entitled to the exemption - Denial of such right is opposed to..........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Exemption from attachment in execution of a decree is to be seen at the time of execution of decree that J.D. is an agriculturist, labourer or domestic servant - Attachment of property during trial is immaterial if that party is then qualified u/s 60(1)(c) CPC...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Issues - Once the objections are found frivolous and are filed with an intention to frustrate the decree, then it is not obligatory on the part of the court to frame issues but could decide such objections summarily...........
Civil Procedure Code, 1908, Section 47 -- Execution of eviction petition - Objections - Petitioner claiming herself to be owner on the basis of unregistered will - Will not seen the light of day for more than 20 years - Eviction order was passed in the year 1981 but objections filed in 1996 i.e. after 15 years - Such unregistered will can be prepared at any time in order..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Issues - Once the objections are found frivolous and are filed with an intention to frustrate the decree, then it is not obligatory on the part of the court to frame issues but could decide such objections summarily...........
Civil Procedure Code, 1908, Section 47 -- Execution of eviction petition - Objections - Petitioner claiming herself to be owner on the basis of unregistered will - Will not seen the light of day for more than 20 years - Eviction order was passed in the year 1981 but objections filed in 1996 i.e. after 15 years - Such unregistered will can be prepared at any time in order..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Sale - Determination of market value - A serious lapse on the part of the Executing Court in determination of market value cannot be condoned - Fixing value of property without issuing notice to the parties and by summoning the person whom it thinks necessary in this regard, cannot be treated as proper - Fixation..........
Civil Procedure Code, 1908, Order 21, Rule 90(3) -- Execution - Auction sale - Setting aside - Plea of waiver and estoppel - Objections if not raised at relevant time cannot be raised subsequently - Prohibition contained in it cannot be applied or extended to the stages of drawl of proclamation or subsequent thereto - While fixation of market value is a step at the stage..........
Contempt of Courts Act, 1971, Section 2(c) -- Breach of undertaking - Plea of petitioner that respondent despite an undertaking in interim order, that they shall not alienate suit land during pendency of proceedings, transferred portion of land - No objection made by petitioner during pendency of suit - Only remedy left with petitioner is execution of decree - Contempt..........
Agreement to sell -- Ready and willing - Trust property - Plaintiff seeking clarifications regarding joining of all trustees in execution of sale deed, asking the second respondent to enter into another agreement by way of indemnifying the plaintiff for any loss due to defect in the title - Demand not only unjustified and unreasonable but it was in fact imaginary...........
