Civil Procedure Code, 1908, Section 11, 47, Order 21, Rule 97 -- Execution - Res judicata - Principles of constructive res judicata are applicable to execution proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 69, 92 -- Execution - Auction - Confirmation - Until Court accepts offer by confirmation of sale there is no binding contract - Auction purchaser has no locus or any right in property till sale is confirmed - Confirmation of sale can be refused in view of higher offers received...........
Civil Procedure Code, 1908, Section 9, 15, 16, 17, 18, 19, 20, 21 -- Jurisdiction - Inherent lack of jurisdiction - Decree is one without jurisdiction or void in law - Decree passed by a Court lacking territorial jurisdiction or pecuniary jurisdiction does not automatically become void - It is a voidable decree and can be challenged provided the conditions of S.21 CPC are..........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Plea not available when not raised in the Court of first instance and at the earliest opportunity and unless there is consequent failure of justice...........
Civil Procedure Code, 1908, Section 9, 15, 16, 17, 18, 19, 20, 21 -- Lack of inherent jurisdiction and objection to territorial jurisdiction and pecuniary jurisdiction - Distinction - Inherent lack of jurisdiction may make a decree passed by that Court one without jurisdiction or void in law - A decree passed by a Court lacking territorial jurisdiction or pecuniary..........
Civil Procedure Code, 1908, Section 21, 21A -- Objection as to place of suing - No objection as to place of suing can be allowed by Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earlier possible opportunity and unless there has been a consequent failure of justice...........
Civil Procedure Code, 1908, Section 21, 21A -- Waiver of objection - Sec. 21 is a statutory recognition of the principle that the defect as to the place of suing u/s 15 to 20 of the Code may be waived and that even independently of Sec. 21 - A defendant may waive the objection and may be subsequently precluded from taking it...........
Civil Procedure Code, 1908, Section 21, 99, Suits Valuation Act, 1887, Section 11 -- Case tried by a court on merits and judgment rendered - Judgment not liable to be reversed purely on technical ground, unless it has resulted in failure in justice - Objection to jurisdiction both teritorial and pecuniary technical in nature - Not open to consideration by an Appellate..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Only such portion of property is to be sold in execution which is sufficient to satisfy the decree - Sale held without examining this aspect and not in conformity with this mandatory requirement is illegal and without jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Objections - Objection has to be specific and not general in nature - In the absence of specific allegations it is not possible for either parties or the Executing Court to deal with the same...........
