Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Before ordering detention of JD for execution of decree Court has to conduct enquiry as mandated U.O.21.R.40 CPC r/w S.51 CPC by recording a finding as to means of JD to satisfy the decree...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Burden is on DH to satisfy Court that JD despite having means to pay decreetal amount has failed to discharge liability under decree for Court to order for civil imprisonment - Order of civil imprisonment for not satisfying decree should be the last resort, as the same..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - DHs alleged that JDs in violation of decree had raised a wall on the suit land blocking the passage - However, DH did not make any effort to prove spot identification - DH placed reliance upon site plan, prepared by deed writer - However, DH did..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection by JD - Compromise decree - JD directed to execute the sale deeds in favour of DH in view of compromise decree - Admissions made by JD would prove that lands in question is available and same were not registered in favour of DH - JD had not filed any documents to show that part of land was sold to third..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Plea that execution petition was filed beyond period of 12 years - Decree passed in 1993 - Revision petition filed thereagainst decided on 13.12.2001 - There was thus, no inordinate delay in filing of execution petition - Objections rejected...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Issuance of conditional warrants of arrest - Judgment debtor had actively contested the case - No application filed by JD for contesting as indigent person - Only bald statements have been made that JD does not have means to satisfy decree - Conduct of JD evidences that he is only trying to avoid..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 54 -- Execution - Objections - Attachment of property - Petitioner No.1/JD died after decree was passed jointly against her and petitioner No.2 - LRs of petitioner No.1 were not added to execution petition - LRs of petitioner No.1 are proper and necessary parties - Executing Court erred in passing impugned order of..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Merely because a decree of specific performance can be executed within 12 years from date of original decree or from the date appellate Court affirms such decree that by itself, does not mean that a decree holder deposits the balance sale consideration at his own sweet will -..........
Civil Procedure Code, 1908, Section 51 -- Execution - Decree to demolish house - Executing Court has all the powers within provision of S.51 CPC to determine all questions relating to and including identity of structures which were the subject matter of decree - These powers can be exercised in various manners by executing Court including by appointing a Commissioner,..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for permanent injunction - Suit land is joint and had not been partitioned - Tubewell installed would hence also be used as a joint source of irrigation - Plaintiff who was a co-sharer, would also have a right to use electricity connection - Contention of defendant that since tubewell was installed..........
