Civil Procedure Code, 1908, Section 60(1)(c) -- Attachment - Exemption from attachment - Provision is not applicable to a mortgage decree as there is no necessity for attachment either in execution or on the original side...........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 54 -- Attachment before judgment - Attachment in execution - Distinction between two - Analysed - While issuing attachment before judgment Court only ensures that defendant does not dispose of property pending suit - Affidavit sworn by defendant containing clear and unambiguous..........
Civil Procedure Code, 1908, Section 39(4), Order 21,, Rule 3, 54 -- Execution of decree - Property situated outside local limits of jurisdiction of Executing Court - An execution against immoveable property lying outside the jurisdiction of executing court is possible in terms of O.21 R.3 of the Code when particular item of immoveable property, forms one estate or tenure..........
Civil Procedure Code, 1908, Section 51(d), Order 40, Rule 1 -- Execution - Court receiver - Execution by appointment of Court Receiver is within the discretion of the Court - The discretion has to be judiciously exercised - The appointment of receiver in execution is one of the modes of executing the decree in a fit case - It allows the decree holder the services of an..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of J.D. - Decree holder satisfied Court that J.D. has neglected to pay decretal amount having sufficient means - Arrest and detention of J.D. in civil prison cannot be refused on the ground that D.H. has alternative remedy of attachment of his properties - J.D. can choose any of..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Permanent injunction decree restraining interference in peaceful possession - J.D. claiming to be in possession of suit land prior to passing of decree and also after passing of decree - This fact indicates that J.D. not ready to obey the decree passed by the civil Court - Decree ordered to be enforced by detention of J.D...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 30 -- Money decree - Execution - It does not lie in the mouth of J.D. to ask D.H. to first exhaust his remedies against his immovable property and only then to seek his arrest and detention in civil prison - Decree holder is at liberty to execute the decree either by seeking detention of J.D. in civil prison or by..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to sue in forma pauperis - `Sufficient means' should be understood as means other than the property exempt from attachment in execution of a decree and the subject matter of the suit...........
Civil Procedure Code, 1908, Order 21, Rule 50, Civil Procedure Code, 1908, Order 30, Rule 6 -- Decree against firm - Can be executed against partner individually who had been served with notice of suit and had appeared in suit individually - Personal property of such partner when attached in execution of decree against firm and he not objecting to same then objection..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment of property before judgment sought - Furnishing particulars of property - Duty of - It is the decree - holder, who has to furnish all details including description of property to be attached in execution - Attachment of property at instance of judgment-debtor, that too, in a suit for recovery of money, is unknown..........
