Civil Procedure Code, 1908, Section 36 -- Execution of orders - Provisions relating to execution of decree, apply to the execution of orders also...........
Civil Procedure Code, 1908, Section 47 -- Execution of decree - Objection as to no, impleadment of necessary party - U/s 47 of CPC the main plea raised by revision petition/judgment debtor was that the suit for specific performance filed by decree holder was bad for want of impleadment of necessary party namely, the Bank Manager - Held, ex facie and prima facie the said..........
Civil Procedure Code, 1908, Section 60, Order 21 -- Execution of decree - Attachment of property - Contention that disputed property being residential property is exempted from attachment in execution proceedings - Held, contention cannot be raised by objector being third party - Since objector has failed to establish any right, title or interest in disputed property,..........
Civil Procedure Code, 1908, Section 60, Order 21 -- Execution of decree - Objection - Appellant/objector (third party) contended that decree holder has not placed any material on record to depict that JDs are owners of disputed property - Held, objection cannot be allowed to be raised - Appellant can succeed only on the basis of his claim in disputed property...........
Civil Procedure Code, 1908, Section 73(1)(b), Order 21, Rule 17 -- Money decree - Execution - Third party mortgagee seeking amount under mortgage deed - Stamp paper used for mortgage deed was purchased on 2 May 2003 when summary suit for money was pending - On 24 July 2003, Court granted leave to judgment debtor subject to furnishing solvent surety to the extent for suit..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Execution - Before the expiry of the period stipulated in the compromise decree - By the time Court adverted to the petition the stipulated period expired - Held, there is no bar in execution of such a decree...........
Civil Procedure Code, 1908, Section 9, Order 21, Rule 92(1)(3) -- Civil suit to challenge sale effected and confirmed in execution of decree - Held, suit is not maintainable...........
Civil Procedure Code, 1908, Section 100, Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Second appeal - Unregistered Will - One of attesting witnesses to Will duly examined - He stated clearly that testator got Will typed and then thumb marked same upon admitting contents of such Will to be correct in his presence and thereafter he appended his..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside on deposit - Application accompanied by tender - Sale completed in 1972 - Pre requisite amount not deposited till 1980 - Sufficient to indicate that judgment-debtor had no intention to have sale set aside but only to frustrate decree and its execution - Order accepting application set aside...........
Partition Act, 1893, Section 3, 4, Civil Procedure Code, 1908, Order 21, Rule 89 -- Right of pre-emption - Exercise of - Preliminary decree for partition - Auction held in execution proceedings - Pre-emptive right of purchase not exercised at stage when sale certificate was to be issued or when matter was remanded by High Court for re-determining reserve price - Held,..........
