Civil Procedure Code, 1908, Section 151 -- Additional evidence - After closure of evidence of defendants - Once defendants claimed execution of receipt in written statement, onus to prove the same was on defendants - Plaintiff had every right to lead evidence in rebuttal as regards non-execution of receipt - However, since no right had been reserved nor was there any..........
Civil Procedure Code, 1908, Section 60(i), Order 21, Rule 48 -- Execution - Attachment of salary of Judgment Debtor - Executing Court while directing attachment of salary of JD failed to consider provisions of S.60(i) CPC, which specifically governs manner and extent of attachment of salary - Order of attachment of salary of JD, set aside - Executing Court directed to..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier application U.O.1.R.10 CPC was rejected based on the pleadings of proposed implead petitioners that they are not necessary parties to suit - Since petitioners opposed their impleadment earlier, they cannot now agitate to come on record - Petitioners are not permitted to approbate and reprobate - They cannot..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Where a sale is void because of breach of mandatory auction provisions, S.47 CPC is an appropriate vehicle to impugn execution proceedings, more particularly where failure is intrinsic and affects the very competence of executing Court to cause transfer of possession or make an absolute sale...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Execution of maintenance order - Look out notice - Cannot be issued for recovering the dues of maintenance...........
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 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - When a decree for permanent prohibitory injunction is violated and JDs forcibly took possession of DH's property by violating decree, JDs may be expelled by Executing Court by exercising powers U.O.21.R.32 CPC - It would not be necessary for DH..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for injunction - Disobedience of a decree of injunction is necessary for seeking restitution U.O.21.R.32(5)...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Decree for injunction restraining defendant from interfering with use and possession of plaintiffs - Application U.O.21.R.32 CPC is vague, as no details of interference in possession of plaintiffs were given - Executing Court allowed the application without properly appreciating the controversy -..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - JD cannot invoke O.21.R.97 CPC to resist execution of a decree passed against him...........
