Civil Procedure Code, 1908, Section 47 -- Execution - Question relating to validity of confirmed execution sale, raised by third party purchaser of J.D's property pendente lite cannot be gone into by execution Court - Only questions arising between parties to suit (which includes third party purchaser at auction sale) fall for adjudication if such questions relate to..........
Civil Procedure Code, 1908, Order 21, Rule 57, 58, Civil Procedure Code, 1908, Order 38, Rule 5 -- Execution - Dismissal for default - Effect on attachment made by Execution Court and Attachment before judgment - Dismissal of execution for default will remove only attachment made by Execution Court - However, attachment before judgment would continue without being affected..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102 -- Execution - Resistance or obstruction by third party to delivery of possession - Execution Court can decide whether resistor or obstructor is bound by decree - If resistor is found to be transferee pendente lite of J.D., Execution Court has to hold that he has no right to resist and has to remove his..........
Transfer of Property Act, 1882, Section 52, 53 -- Lis pendens - Applicability - Lis pendens starts from presentation of suit and continues till decree is executed - Private sale made by J.D. who is aware of decree and of attachment made before judgment and who has no evidence to prove that transfer is for consideration, has to be held fraudulent and voidable at instance of..........
Presidency Towns Insolvency Act, 1909, Section 60(2) -- Income acquired after insolvency - Does not become receivable by the Assignee automatically but only upon an order to be passed by the Court, to the extent the Court would deem it just for payment to the official Assignee, for distribution among creditors - Till such an order is passed by the Court, the business..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for mandatory injunction passed directing the defendant to prune the over hanging branches of the trees standing on the joint boundary of the land of the parties so as to avoid the falling of their shades on the crops standing in the land of the plaintiff - Executing Court directing to uproot the trees which were..........
Civil Procedure Code, 1908, Order 21, Rule 101 -- The enquiry contemplated under R.101 is an extensive one and is a substitute for a suit - All questions relating to right, title and interest in the property arising between the parties to a proceeding shall be determined by the execution Court...........
Will -- Genuineness - Family partition effected by deceased who gave share to all four of his sons - Testator retained some land which he gave by way of Will to plaintiff - Challenge as to the genuineness of Will by the defendants - Will executed by testator himself and the testator died only four years after the execution and the registration of the Will - There was no..........
Agreement to sell -- Suit for specific performance - Death of seller before the date fixed for execution - Suit decreed for the alternative relief for recovery of Rs.2, 000/- paid as earnest money with interest at the rate of 6% per annum from the estate of the deceased or the property left behind by the deceased and not against the defendants in their personal capacity...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Always open to any person claiming right, title or interest in property in dispute - To raise objections against execution of decree by filing claim petition under Order 21 Rule 58 - Decree - holder entitled to recover decretal amount from estate of deceased - Heirs of deceased (judgment - debtor) not liable to pay decretal..........
