Civil Procedure Code, 1908, Order 21, Rule 97 -- Rights of a decree holder - Executing Court - Rights of a decree holder are to be protected and he should be allowed to enjoy the fruits of the decree at the same time - Court cannot loose sight of the fact that if a person has a genuine claim it cannot be thrown out at threshold itself after summary enquiry...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections by vendee lis pendens - O.21.Rr.97 to 101 CPC is not applicable in case of vendee lis pendens, who purchased the property during pendency of suit...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections by vendee lis pendens - Petitioner purchased suit property after decree passed by civil Court, thus, he purchased the same on the basis of calculated risk - Objections filed by petitioner cannot be entertained, as all vague and frivolous objections need not be decided by following proper procedure in..........
Civil Procedure Code, 1908, Section 97, Order 7, Rule 7 -- Preliminary decree of partition - Correctness of preliminary decree cannot be challenged in final decree proceeding when no appeal was preferred by defendant against preliminary decree - However, issue as to boundaries and description of suit properties consistently and sufficiently averred by defendant to warrant..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Dismissal of earlier objection petition which attained finality - Subsequent objection petition for all practical purposes agitating the same title/right/ownership of the tenanted property - Failure to disclose earlier dismissal of objection petition - Besides merits, objection petition..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Expenses for seeking police help - To ask D.H. to deposit expenses for police help is not appropriate in absence of any specific legal provision regarding this aspect - Direction to D.H. to deposit expenses of police help, set aside...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99, 101 -- Execution - Objection by co-sharer - Decree of specific performance - Objector earlier also filed application objecting execution of decree, which was rejected on merits and attained finality - Yet after 5 years of such rejection, virtually on similar grounds subsequent application filed - Executing..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97 -- Order rejecting application U.O.21.R.97 CPC - Revision - Maintainability - Order passed without considering specific contention urged by petitioner - Said order is tainted by jurisdictional error etc., therefore, it is revisable u/s 115 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by sub-tenants - Enquiry U.O.21.R.97 CPC - Sub-tenants have no independent right or title - Their interest is only under JD - Executing Court not required to hold enquiry, as only if obstructor has semblance of right, interest or title superior to that of DH and if application..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objections - Enquiry U.O.21.R.97 CPC - Holding an enquiry may not be necessary if it can be made out apparently that obstruction is caused at the instigation of JD or on his behalf or by transferee from JD either during pendency of a suit or execution proceeding...........
