Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Decree for injunction restraining defendant from interfering with use and possession of plaintiffs - Application U.O.21.R.32 CPC is vague, as no details of interference in possession of plaintiffs were given - Executing Court allowed the application without properly appreciating the controversy -..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 89 -- Auction sale - Setting aside on deposit of amount - Auction purchaser was not given notice and opportunity to contest the execution petition - Aspect whether JD can be permitted to deposit the amount under any exceptional circumstances was not discussed - There is no examination of aspects whether JD could make..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution petition - Dismissed in default - Restoration - Execution petition was not listed for hearing but for report on warrant issued to petitioners - Provisions of O.21.R.106 CPC are not attracted - Dismissal in default therefore, could not have been U.O.21.R.105 CPC - Restoration rightly done invoking..........
Civil Procedure Code, 1908, Section 151 -- Execution - Restoration of petition dismissed in default - Application for restoration of Execution Case was earlier allowed by a speaking order and case was posted for appearance of non-applicants - However, application for restoration was again considered and rejected and there was also an observation made by execution Court..........
Civil Procedure Code, 1908, Section 151 -- Execution - Dismissed in default - Restoration - Execution petition was adjourned time and again for Commissioner's report - Court dismissed execution petition as DH is not ready - It is thus, clear that dismissal is not U.O.21.R.105(2) CPC i.e. a dismissal for non appearance of petitioner - Application filed u/s 151 CPC for..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of execution petition - Application for amendment filed u/s 151 CPC also - Amendment in execution application was necessary since correction in the judgment and decree of trial Court had been done so as include khasra No.465, which could not be incorporated inadvertently, though, it was subject matter..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 1 -- Restoration/revival of execution petition - Execution petition dismissed for no, prosecution - Application u/s 151 CPC filed for taking up previous file - Evidence available on file establishes that first execution petition was restored - Application for restoration/revival of execution petition cannot be treated..........
Civil Procedure Code, 1908, Section 47, 151 -- Auction sale - Setting aside - Third party objection - Respondent No.1 neither a party to suit nor to the execution petition (EP) - Having participated in the auction unsuccessfully and having kept quite at that time, respondent No.1/third party is estopped from questioning the auction sale of EP schedule property by way of..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Delivery of property with different boundaries - Not permissible - Executing Court cannot go beyond the decree and grant relief to DH by delivering the property with different boundaries not tallying with decree - It is for DH to file a petition u/s 152 CPC for amendment of judgment and decree and also plaint...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58 -- Execution - Attachment of property - Objections by third party claiming right, title and interest in attached property - Prima facie appears to have no link with JDs - Opportunity not granted to parties to produce material evidence in support of their respective pleas - Impugned order dismissing objection..........
