Civil Procedure Code, 1908, Section 144, Order 20, Rule 22 -- Execution of restitution order - Some heirs of plaintiff on record - No dispute regarding number of Legal Representatives - Objection regarding all heirs not on record or specific order for bringing them on record cannot be sustained...........
Civil Procedure Code, 1908, Section 11 -- Question finally decided in suit - cannot be raised in execution proceedings as earlier decision operates res-judicata...........
Civil Procedure Code, 1908, Section 146, 47, Order 20, Rule 14, Civil Procedure Code, 1908, Order 21, Rule 16 - - Pre-emption decree - Not assignable or transferable - Pre-emptor decree - holder divesting himself of ownership rights before execution of pre - emption decree - Right to execute pre - emption decree remains intact.
A pre - emption decree is not assignable..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 95, 96, 97, 98, 99, 100, 101, 102 -- Section 47 should be construed liberally - All questions between auction - purchaser and judgment - debtor - Must be determined by Executing Court and not by a separate suit - Decree - holder auction - purchaser - Can move Executing Court for delivery of vacant possession of..........
Civil Procedure Code, 1908, Section 144, Order 41, Rule 5 -- Provisions of Section 144 - Mandatory - Stay of execution of decree for possessio, Court to exercise its discretion in accordance with provisions of Order 41 Rule 5 - Party not in possession obtained possession in execution of erroneous decree reversed in appeal - Cannot be granted stay of restitution during..........
Punjab Security of Land Tenures Act, 1953, Section 14A(ii) -- Agreement for sale of land between landlord and tenant - No sale deed executed in terms of agreement - After execution of agreement possession referable to terms of agreement and not to any earlier relationship between the parties - Landlord debarred from enforcing rights arising from earlier tenancy not..........
Civil Procedure Code, 1908, Section 47 -- Joint decree - Execution by one decree holder and Legal Representatives of the other D.H. - Execution maintainable without succession certificate. Civil Procedure Code, 1908, S.60 - Money voluntarily deposited by J.D. in other suit can be attached but payment towards decree subject to decision of that suit...........
Punjab Co-operative Societies Act, 1961, Section 63 - - Ultra vires - Section 63 provides three separate modes of executio, No indication of circumstances in which Registrar may adopt one or the other mode of executio, Registrar can discriminate against a defaulter at his own sweet will - Section 6.3 (b) and (c) violative of Article 14 of Constitution. Three separate modes..........
Civil Procedure Code, 1908, Section 38, 47 -- Decree becoming final - Neither appeal nor review filed - Cannot question the jurisdiction of trial court at the stage of execution...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Under Courts order judgment debtor depositing money in court for stay of execution - No application that it should be treated as payment to decree holder - Money not received by decree holder within the meaning of O.21.R.88 (1) (b) CPC...........
