Civil Procedure Code, 1908, Section 47, Order 21, Rule 99, 101 -- Rule applies to person other than judgment debtor who is dispossessed - In the decree, judgment debtor being plaintiff, Rule 99 does not apply - Consequently, there is no question of applicability of Rule 101 further...........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Impleading of a defendant - If any defendant is impleaded subsequently proceedings as against him shall be deemed to have begun only from the date of service of summons...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Decree of specific performance - Objections - Objector claiming possession on land on basis of sale deed - His right, title or interest is to be decided by trial Court and application U.O.21.R.99 could not be dismissed as not maintainable - Sale deed when claimed to be prior in point of time with stipulation that..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Executio, Objections - Third party objections - Executing Court ordering to hold enquiry into claim/objections raised by third party - No illegality...........
Civil Procedure Code, 1908, Order 21, Rule 54, 66 -- Execution - Auction - When a property is sold it is mandatory to serve notice upon the person whose property is sold - Sale of property without notice to its owner is nullity and all actions pursuant thereto are liable to be struck down/quashed...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Execution - Auction - Notice - Has to be personally affected on the J.D. - Valuation of property is required to be done under O.21.R.66(2) Proviso - The estimate of the value of the property is a material fact to enable the purchaser to know its value - It must be stated accurately and fairly as possible so that the..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Framing of issues - There is no need to frame an issue and give an opportunity to lead evidence to the parties where the facts are clear...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Where objections prima facie are frivolous, vexatious and intended to delay, then these are not liable to be put to trial as otherwise it would amount to abuse of process of the Court...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Execution of eviction order - Objections filed by J.D. dismissed and upheld upto Supreme Court - Thereafter petitioner claimed himself to be real tenant filed third party objections stating that he was not bound by the..........
Civil Procedure Code, 1908, Order 21, Rule 2, Limitation Act, 1963, Section 5 -- Application U.O.21.R.2 - Provision of S.5 of Limitation Act is not applicable...........
