Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objection by transferee pendente lite - Appellant is a purchaser post-arbitral award for recovery of amount - Execution proceeding was pending when sale deed was entered into between respondent No.2 and appellant - Moreover, appellant failed to discharge the onus on sale being without notice of..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Where executing Court declines to entertain a claim or objection against attachment of property U.O.21.R.58 Proviso CPC, remedy of aggrieved party lies in instituting a suit and not in seeking a revision...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - When decree was passed a charge had been created for the decree debt over the property, which was mortgaged - If so, in the absence of any attachment existing over the property, there is no question of any claim or objection being raised U.O.21.R.58 CPC - Claim petitioners cannot in the guise of..........
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..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment of property - Objection - Sale deed of plot in question was executed in favour of petitioner - Before execution of sale deed, mother of plot owner filed suit for maintenance against her sons and sought charge upon agricultural land of sons which consisted of several plots - Ex parte decree passed in her favour and..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objection - Not tenable at the instance of J.D. when he claims that he is not the owner thereof and owner is someone else...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 58 -- J.D. not objected to an attachment before judgment - Held, J.D.is precluded from raising objection to attachment in execution on the principle of constructive res judicata...........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58, Transfer of Property Act, 1882, Section 53 -- Attachment before judgment - Property already sold before attachment which was further sold to claimant - On objection by claimant U.O.21.R.58 CPC attachment lifted - Plaintiff alleged sale deed to be result of collusion and that it..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objections to attachment - Maintainable only when property is not sold - No claim or objection is maintainable when property attached is already sold...........
Civil Procedure Code, 1908, Order 21, Rule 58(2) -- Execution - Sale of property attachment before judgment for realisation of amount due under money decree - Appellants filed claim petition to release the property from attachment based on an agreement of sale executed by J.D. and possession delivered thereunder - Holding of an enquiry by Court for disposal of claim..........
