Civil Procedure Code, 1908, Section 64, 47, 151, Order 21, Rule 58 -- Execution - Auction sale - Objections - Appellant purchased the property from JD having knowledge about its attachment in suit itself - Attachment thus, effected much prior to sale deed obtained by appellant - Attachment prevail over sale deed - Sale deed is void...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Auction sale - Executing Court normally follow procedure U.O.21.R.64 CPC while selling property - Further, Executing Court shall sell entire property or only a portion of it, as deemed necessary to satisfy decree - If petitioner is able to show that property worth is more than decretal amount than value of amount..........
Civil Procedure Code, 1908, Section 64 -- Private alienation of property after attachment is void - Where contract for sale is executed and registered before attachment, mischief of S.64(1) of the Act shall not apply...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Attachment of property - Suit filed against Company through its Managing Director - Petitioner being Managing Director has given personal undertaking in the written statements, chief-affidavits as well as in cross-examination for repayment of suit amounts personally - He cannot now take a ground that he is..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Auction sale - Execution Court to sell such portion of property as may be necessary to satisfy the decree...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Provision of O.21.R.64 CPC is mandatory provision...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Whole property put to sale without examining whether a part of the property can be sold for realization of the decretal amount - Sale confirmed against mandatory provision of O.21.R.64 CPC - Impugned order set aside...........
Civil Procedure Code, 1908, Section 64, Order 21, Rule 52 -- Execution - Attachment of property - Property in question mortgaged subsequent to date of attachment order of Court - Therefore, any payment to JDs of any debt, dividend or other monies contrary to such attachment shall be void as against all claims enforceable under attachment - Garnishee bank directed to..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - Attachment of property - JD cannot stall execution of money decree on the ground that he filed petition to set aside ex-parte decree unless stay of execution is obtained - Order of sale and attachment of suit property held, Proper...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - JD contended that suit property is not in his possession since 15 years - However, it is not case of JD that suit property is not belong to him and there is no explanation as to how suit property is not in his possession - There is not even the contention of JD that any third party who is in..........
