Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Preservation of property is fundamentally important lest a judgment and decree in favour of plaintiff subsequently passed is rendered incapable of execution - Thus, it is proper in facts of case to restrain defendant from alienating, transferring or otherwise creating..........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 9, Rule 8 -- Execution - Claim petition - Dismissal in default - Fresh petition is not maintainable when claim petition is dismissed in default as O.9.R.8 CPC is applicable to a claim petition...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment of property - Claim petition - An attachment order in execution petition in respect of property disables the owner thereof to sell it in favour of third parties and if it is proved that sale of property took place with the knowledge of attachment, it can certainly be ignored by executing court in the..........
Civil Procedure Code, 1908, Order 21, Rule 58(1)(a) -- Execution - Attachment of property - Saleable interest - When property attached was already sold prior to attachment, the owner thereof does not hold any saleable interest therein and any attachment made in execution petition filed in respect of such property is futile...........
Civil Procedure Code, 1908, Order 21, Rule 24 -- Execution - Possession taken with the help of police without securing an order from the Court for police help - Held, taking possession is invalid - Directions issued to revert back the property to J.D...........
Civil Procedure Code, 1908, Section 151 -- Execution - Possession taken with the help of police without securing an order from the Court for police help - Taking possession, held, invalid - Property ordered to be reverted back to the J.D. - Held, power to order a redelivery is available under inherent power of Court when Court finds that the manner by which the execution..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police protection - Violation of order - An application for police protection is maintainable even when remedy is sought by filing an execution petition U.O.21.R.32 CPC and also an application U.O.39.R.2-A CPC seeking attachment and/or arrest of the violator for Contempt of Court...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - In order to bring a question within the power of Executing Court to decide u/s 47 CPC, the question should be between the parties to the suit or their representatives and also it should be one relating to the execution, discharge or satisfaction of the decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - At the instance of a party who was proceeded ex parte in the suit and objections not relating to the execution, discharge or satisfaction of decree - Not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objections - Not mandatory to frame issues and to allow parties to lead evidence - If from documentary evidence fact situation becomes crystal clear then court is not required to record formal or oral evidence while determining objections U.O.21.R.58 CPC...........
