Civil Procedure Code, 1908, Section 47, Order 47, Rule 1 -- Order restoring execution case dismissed erroneously - Does not fall in the ambit of S.47 or O.47.R.1 CPC. No appeal lies - Only revision lies to the High Court...........
Civil Procedure Code, 1908, Section 51 -- Execution by arrest and detention - Arrest warrants after due enquiry returned unserved - Execution dismissed - Court not justified - Second execution petition - All the provisions of S 5 not to be gone into again and arrest warrants to be issued on the earlier enquiry conducted...........
Civil Procedure Code, 1908, Section 60(1) -- Maintenance - Can be attached in execution of a decree obtained by a third person, against the maintenance holder...........
Civil Procedure Code, 1908, Section 47 -- Decree of specific performance of contact - Absence of specific direction about the direct delivery in the decree - Executing Court has jurisdiction to grant the relief of possession as incidental to the execution of the decree for specific performance of a contract for sale...........
Civil Procedure Code, 1908, Order 21, Rule 35(2) -- Decree for joint possessio, Execution of - Delivery of possessio, Only in symbolical manner ; proclamation by beat of drum, affixation etc. - Actual physical possession cannot be disturbed in execution of decree for joint possessio, Executing Court not competent to order demolition of house in execution of decree for..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) - - Not applicable to execution of decree for joint possession. There is no express provision like Order 21 Rule 32 sub-rule (5) in the Code of Civil Procedure authorising the Executing Court to secure the removal of any obstruction or superstructure in execution of a decree for joint possession...........
Transfer of Property Act, 1882, Section 122 -- Gift - Acceptance of - Donee signed gift - deed at the time of execution as well as when presented for registratio, Amounts to acceptance of gift by donee.
Where it was contended that gift was invalid although it was made through gift - deed duly registered as there was no acceptance of the gift by the donee, held, the gift..........
Civil Procedure Code, 1908, Section 47 -- Territorial jurisdiction - Validity of decree on ground of fraud - Execution Court cannot entertain objection...........
Civil Procedure Code, 1908, Section 144, Order 22, Rule 12 - - By virtue of O.22.R.12 CPC the doctrine of abatement has no application to execution proceedings - The prohibition in O.22.R.12 CPC has no application to appeals against orders passed in execution proceedings - An application for restitution under section 144 CPC is an application for execution...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Objection - to attachment cannot be entertained subsequent to execution sale...........
