Civil Procedure Code, 1908, Order 21, Rule 72(2), 73 -- Execution - Rateable distribution - Permission granted to D.H. to participate in the auction - D.H. can be directed to deposit any part of sale proceeds for rateable distribution to other decree holders...........
Civil Procedure Code, 1908, Order 21, Rule 72 -- Execution - Rateable distribution - A decree holder is entitled to rateable distribution even if judgment debtor is left with other property besides the property sold in execution of decree...........
Specific Relief Act, 1963, Section 20, Civil Procedure Code, 1908, Section 100 -- Suit for specific performance - Discretion of Court - Once an agreement is rendered unexecutable by execution of a valid sale deed in terms of decree of Court on another agreement of sale, Court has no alternative but to resort to grant alternative relief of damages or compensation - Whether..........
Civil Procedure Code, 1908, Section 47, Haryana Relief of Agricultural Indebtedness Act, 1989, Section 3, 4, 17, Banking Regulation Act, 1949, Section 21A -- Agricultural Loan - Loaner's liability to pay agreed interest - Entitlement of DH to more than double of principal amount - Discharge of debt - Can executing court go beyond decree by virtue of sec. 17 of Act of 1989..........
Civil Procedure Code, 1908, Section 47 -- Objections to execution of decree - Objections raised by judgment debtor same as the pleadings in the suit - Judgment debtor cannot be permitted to raise such objection in execution as well...........
Civil Procedure Code, 1908, Section 2(2), 54, Order 20, Rule 18, Civil Procedure Code, 1908, Section , Order 21, Civil Procedure Code, 1908, Section , Order 26, Rule 13, 14 -- Preliminary decree - Execution thereof - Non-intiation of final decree proceedings - Effect - Suit for partition - Preliminary decree passed - Final decree proceeding not initiated - Property put on..........
Partition -- Protection of possession of tenant - Suit for partition of joint house - One portion in possession of tenant - Preliminary decree passed - DH filed application for execution - Objection by tenant - Dismissed by one of the co-sharer that he cannot be evicted in execution of decree - Held - Tenant cannot be thrown out in execution of decree. After partition is..........
Civil Procedure Code, 1908, Section 52, 50 -- Decree - Execution against L.R's - Decree for payment of money passed against a person who was dead at the time of execution - Execution against L.R's and proceeds against property - Burden is on LR/wife to show that she has not received property attached by Bank from deceased husband...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Possession - No provision for grant of police protection - However, executing Court is conferred with power, to order such measures, as are need, to ensure that decree is executed - There is specific power to order removal of obstruction seen if offered by third parties - It cannot be said that executing Court..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Lis pendens - Filing objections in the execution of decree - After dismissal of objections filing application on similar grounds to set aside exparte decree - Held, application is hopelessly time barred even if benefit of time spent in pursuing the execution proceedings is given to the..........
