Civil Procedure Code, 1908, Order 21, Rule 41(2), 11(2) -- Property of J.D. - Application for direction to J.D. to disclose particulars of the assets of J.D. - Application can be filed prior to the initiation of the proceedings U.O.21.R.11(2)...........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 54 -- Attachment before judgment - Attachment in execution - Distinction between two - Analysed - While issuing attachment before judgment Court only ensures that defendant does not dispose of property pending suit - Affidavit sworn by defendant containing clear and unambiguous..........
Civil Procedure Code, 1908, Order 21, Rule 65, 92, 94 -- Sale certificate - Public auction - Property sold in public auction in persuance of an order of the Court - Bid excepted - Sale is confermed by the court in favour of the purchaser - Sale become absolute - Title vests in the purchaser - A sale certificate is issued to the purchaser only when the sale becomes absolute..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 51, Order 21, Rule 35 -- Lispendens - Execution of decree for possession - Construction existing or raised over the land or has been raised during the pendency of the case over the land - Would not stand in way of execution of decree - Decree Holder entitled to earn fruits of decree...........
Civil Procedure Code, 1908, Section 47, Order 21,, Rule 97, 99 -- Decree passed after contest - Execution of decree - Suit against execution of decree - All questions regarding title and all objections should be decided by the executing Court alone and not by a separate suit...........
Civil Procedure Code, 1908, Section 39(4), Order 21,, Rule 3, 54 -- Execution of decree - Property situated outside local limits of jurisdiction of Executing Court - An execution against immoveable property lying outside the jurisdiction of executing court is possible in terms of O.21 R.3 of the Code when particular item of immoveable property, forms one estate or tenure..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Resistance to execution of eviction decree - Concurrent finding of fact that appellant had no independent right to suit premises - Held, objections rightly dismissed...........
Civil Procedure Code, 1908, Section 141, 153, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution petition - Amendment - Application seeking amendment to execution petition is maintainable...........
Civil Procedure Code, 1908, Section 54, Order 21, Rule 35 -- Compromise decree for delivery of possession of immovable property - Execution - Provision applicable is O.21.R.35 and not S.54 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment of property - During pendency of execution petition son of one of the J.D. sold property - Agreement to sell was executed much prior to attachment of property though sale deed was executed later on - Petitioner second purchaser - Petitioner perfected title over property - Sale deed of petitioner will..........
