Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Dismissal for non prosecution - Fresh application for execution of decree is maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 72 -- D.H. taking leave to bid at auction - D.H. is free to abstain from bidding - Court cannot compel D.H. who has obtained leave U.O.21.R.72 to bid at auction...........
Civil Procedure Code, 1908, Order 21, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 3, Succession Act, 1925, Section 214(1)(b) -- Execution - Death of decree holder - Impleading of legal heirs - Succession certificate is essential...........
Civil Procedure Code, 1908, Order 21, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 3, Succession Act, 1925, Section 214 -- Execution - J.D. deposited decretal amount - Decree holder died before withdrawal of amount - Succession certificate to withdraw amount is not required...........
Civil Procedure Code, 1908, Order 8, Rule 9, Rajasthan Rent Control Act, 2001, Section 15(4), 21(3) -- Reply to rejoinder - Eviction petition - Proceedings before the Tribunal shall be guided by the principle of natural justice - New pleas and facts incorporated in rejoinder - An opportunity has to be provided to the opposite party to file a counter to the same to the..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- At the time of filing execution petition one of the J.D's was not alive and his L.R's not impleaded - Auction sale - Sale can be challenged u/s 47 CPC it being a pre-sale illegality - Not necessary to file an application U.O.21.R.90 CPC...........
Civil Procedure Code, 1908, Order 21 & -- Execution - Res judicata - Principles of res judicata are applicable to execution proceedings - There cannot be successive petitions for execution of a decree which is already recorded as fully satisfied...........
Civil Procedure Code, 1908, Order 21 -- Execution - Petition for execution of decree closed after recording satisfaction of the decree for putting up the boundary - Subsequent execution petition is not barred by principle of res judicata as a judgment debtor who demolishes a boundary put up in execution of a decree for fixation of boundary is not entitled to insist that..........
Civil Procedure Code, 1908, Order 21, Rule 32, Specific Relief Act, 1963, Section 28(1), 28(2), 28(3) -- Specific Relief Act does not debar a party from filing an application U.O.21.Rr.32 & 34 CPC...........
Limitation Act, 1963, Article 136, Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Decree for possession - Limitation - 12 years - Period starts to run the moment judgment is delivered and not when decree is drawn...........
