Civil Procedure Code, 1908, Order 21, Rule 10, 11 -- Execution petition at the instance of a person who is neither D.H. nor an assignee/transferee/LR of DH is not maintainable...........
Civil Procedure Code, 1908, Section 115 -- Revision - Against issuance of notice for appearance and filing objections in execution case, not maintainable, as it is not a case decided by any Court subordinate to High Court - Petitioner instead of approaching High Court should have approached Execution Court pursuant to notice and must have been duly advised by his counsel -..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Claim petition U.O.21.R.58 CPC not maintainable in the absence of attachment existing over property...........
Civil Procedure Code, 1908, Order 21, Rule 105(2), Limitation Act, 1963, Section 5 -- Execution petition - Dismissed in default - Restoration - Applicability of S.5 of limitation Act - S.5 of Limitation Act is not applicable to any of provision U.O.21 CPC, in view of phrase `other than application under any of provision of O.21 CPC' used in S.5 of Limitation Act -..........
Civil Procedure Code, 1908, Section 47, Commercial Courts Act, 2015, Section 15 -- Execution - Objection regarding territorial jurisdiction of Court - Petitioner contended that in view of S.15(2) of Commercial Court Act, execution application was not maintainable before civil Court and it ought to have filed before Commercial Court - However, said plea was neither raised..........
Constitution of India, 1950, Article 226 -- Writ petition for execution of Arbitral award - Not maintainable - Judgment creditor to file an execution proceeding before competent Executing Court...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Mortgage decree - Claim petition is not maintainable U.O.21.R.58 CPC once mortgage decree is passed against mortgaged property...........
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..........
Rent and Eviction -- Maintainability of petition - Execution of rent deed and rent paid in pursuance thereto - Not open for respondents to deny status of appellant as a landlady - Eviction petition at the instance of appellant, held, maintainable. (Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, S.2(6)...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Claim petition U.O.21.R.58 CPC - Maintainable, if property attached is not already sold...........
