Civil Procedure Code, 1908, Order 21, Rule 41(2) -- Execution - Money decree - Court has jurisdiction to ascertain properties of J.D. if money decree remains unsatisfied for a period of 30 days - A direction can be issued on the application of decree holder...........
Civil Procedure Code, 1908, Order 21, Rule 41 -- Execution of decree for recovery of money - Power of executing Court - Executing Court can direct the judgment debtor, at initial stage itself, to file the affidavit of assets as on the date of institution of suit as well as of the current date i.e. date of swearing the affidavit in Form 16A...........
Civil Procedure Code, 1908, Order 21, Rule 41 - - Filed against deceased J.D. - L.R's of deceased J.D. without being impleaded cannot be directed to appear in Court for the purpose of examination U.O.21.R.41 CPC - Before the petitioners could be summoned, they would have to be impleaded as parties in place of deceased J.D. and before impleading them, they cannot be..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 10, Civil Procedure Code, 1908, Order 21, Rule 41(2) -- Application for interim maintenance - Dismissal - On ground of no, mentioning anything in divorce application by wife regarding her income - Fresh opportunity to file fresh affidavit disclosing her income and her exact financial status not given..........
Civil Procedure Code, 1908, Order 21, Rule 41(2), 11(2) -- Property of J.D. - Application for direction to J.D. to disclose particulars of the assets of J.D. - Application can be filed prior to the initiation of the proceedings U.O.21.R.11(2)...........
Civil Procedure Code, 1908, Order 21, Rule 41 -- Execution proceeding - Attachment of property - Examination of judgment-debtor - Execution of decree on basis of consent - Defendants judgment-debtors bound to disclose their assets - Leave to dispense with show cause notice to dependants under O.21.R.22, granted - Moreso, when execution is sought after delay of 2 years from..........
Civil Procedure Code, 1908, Order 21, Rule 41, 22 -- Attachment of property - Examination of judgment-debtor - Execution of decree on basis of consent - Application for direction to disclose assets - Proper duty bound to disclose assets for satisfaction of decree - Leave to dispense with show cause notice to dependants under O.21.R.22, granted...........
