Civil Procedure Code, 1908, Order 21, Rule 1, 2, Civil Procedure Code, 1908, Section , Order 37, Rule 1, 2, Contract Act, 1872, Section 59, 60, 61 -- Rule of appropriation of payments by J.D. towards decretal amount - Payment has to be adjusted strictly in accordance with directions contained in the decree - In the absence of such directions, adjustment has to be made..........
Civil Procedure Code, 1908, Order 21,, Rule 24 -- Sale of property attached and payment out of sale proceeds - Scope and extent - Expression 'Necessary to satisfy decree' indicates that no sale can be allowed beyond the decretal amount mentioned in the sale proclamation - Court to sell only such portion of property, the proceeds of which would be sufficient to satisfy the..........
Civil Procedure Code, 1908, Section 115 -- Pendente lite interest - Trial Court decree granting interest @ 18% p.m. from the date of decree till the realization of the decretal amount - No appeal /cross objections filed by the Decree Holder - Petitioner claiming pendente lite interest for the period matter remained pending before the Trial Court - Not legally maintainable..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Exparte decree set aside subject to payment of half of the decretal amount - Order modified directing defendant to deposit 1/4th of the decretal amount and costs...........
Agreement to sell -- Suit for specific performance - Mortgagor after mortgaging premises taking it on rent - Subsequently entering into agreement of sale with mortgagee - Entire consideration amount paid - Relationship of landlord and tenant cease to exist - On decretal of suit of specific performance plaintiff is entitled to take delivery of possession...........
Civil Procedure Code, 1908, Order 20, Rule 11 -- Executing Court has no power to order the payment of decretal amount in instalments - However, keeping in view the heavy rains causing damage in the area, J.D. permitted to make payment in two instalments...........
Civil Procedure Code, 1908, Order 41, Rule 1(3), 5 -- Money decree - Appeal against - Stay of execution - Deposit of amount disputed in appeal or to furnish security is a condition precedent for grant of stay of execution of decree - However, it is discretion of Court to order deposit of amount or to furnish security and this discretion is to be exercised judicially and..........
Civil Procedure Code, 1908, Order 21, Rule 30 -- In execution D.H. received certain amount from the principal debtor and the balance was to be paid in instalments - Default in payment of instalments - For recovery of the remaining decretal amount, D.H. cannot proceed against surety without exhausting his remedies against principal debtor completely...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention - Application for arrest and detention of J.Drs. for recovery of decretal amount - Order of attachment of salary of one of the J.Drs. when application is made under rule 37 is unwarranted and uncalled for...........
Civil Procedure Code, 1908, Section 34 -- High Court jurisdiction to reduce interest rate in appeal - Scope of - Insurance claim damages suit - Suit decreed with interest - High Court has discretionary jurisdiction to interfere with quantification of subsequent interest from date of decree till date of realisation - Half of decretal amount alongwith interest had been..........
