Civil Procedure Code, 1908, Section 151, Order 22, Rule 11 -- The order directing the postponement of execution of a decree must be clear and specific - Court must give sufficient reasons - Where the decree is a composite decree, there cannot be a postponement of the decree...........
Agreement to sell -- Suit for specific performance - Case of plaintiff as to delivery of possession at the time of execution of agreement in the presence of attesting witnesses - Earlier statements of attesting witnesses in a different proceeding that delivery of possession was not given in their presence brought on record and contradictions put to witnesses - Delivery of..........
Civil Procedure Code, Section 151,152,47 -- Order 21 ,R. 11(2) - Only after decree-holder declared to be purchaser of share of judgment-debtor - Decree-holder can file regular execution application under Order 21 - Application by decree-holder under Sections 151/152 for certain directions to judgment-debtor - Not an execution application under Order 21 - Partition Act,..........
Civil Procedure Code -- Not applicable to execution of pre-emption decree for possession - Order 41 Rules 6 and 8 applicable in a case where any immovable property in execution of decree being sold - Suit for possession by way of pre-emption decreed, same upheld upto Supreme Court, in execution objections of judgment-debtor dismissed, same upheld by High Court, Special..........
Civil Procedure Code, 1908, Section 50(2), 47 -- Execution - Death of J.D. - Execution proceedings against L.R's of deceased J.D. - Held, legal representatives of J.D. are liable for the debts of the predecessor to the extent of the estate acquired by the L.R's from their predecessors - Plots acquired by L.R's under a Deed of Gift from a relative not liable to attachment..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution - Stay during pendency of decision of application U.O.9.R.13 - Application for stay of execution dismissed - High Court stayed execution and directed trial Court to dispose of the application of petitioner to set aside ex parte decree within 3 months...........
Limitation Act, 1963, Article 136 -- Execution of decree - Stayed by Court - Decree - holder not entitled to property till decision of appeal - Immediately after dismissal of appeal execution proceedings revived - No question of objectors becoming owners after expiry of limitation...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Title to property or possession if remains the same - Order 21 Rule 29 not applicable - Judgment-debtor or his successor cannot resort to this rule merely because a plea was not put forward, which plea was open to him at the time when decree was passed against him on earlier occasion - Not open to heirs of judgment-debtor in..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that order of termination of service is illegal - Suit decreed - Execution seeking consequential benefits, salary, promotion etc. - Executing Court had no jurisdiction to direct payment of salary or grant any other consequential relief which did not flow directly and necessarily from declaratory decree - Courts..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Objection petition - Opportunity to lead evidence - Held, it is not incumbent upon the executing Court that it must put to trial every objections which are filed in any execution proceeding, even if prima facie they appear to be frivolous, vexatious and are..........
