Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Plea of collusion, connivance and fraudulent representation - Suit seriously contested and all possible points raised - Appeal against same dismissed after hearing - It cannot be said that decree was obtained in collusion with defendants and fraudulently...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Specific performance - Execution of decree - Mistake as to western boundary - D.H. is entitled to take property as per schedule mentioned in the agreement and not beyond that - Courts are bound to see entire record to find out real property agreed to be sold...........
Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Appearance - Use of word `appearance' in O.21.R.37(1), O.21.R.40(2) & O.21.R.40(3) connotes the physical appearance of J.D. and not appearance through recognized agent or pleader...........
Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Execution - Money decree - Arrest and detention of J.D. - Notice for appearance issued - J.D. appeared through Advocate - Order issuing warrant of arrest upheld, as appearance contemplated is appearance in person and not through recognized agent or pleader...........
Civil Procedure Code, 1908, Section 51(c), Order 21, Rule 37, 39, 40 -- Execution - Money decree - Arrest & detention - Executing Court shall hold an enquiry and give a finding to the correct means of J.D. to discharge the decree before ordering arrest - Order passed without conducting such enquiry and without following procedure bad in law and set aside...........
Civil Procedure Code, 1908, Order 21, Rule 97, 103 -- Application U.O.21.R.97 - Adjudicatory order is treated as decree against which an appeal and not revision is maintainable...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 22 -- Objections in execution of a decree are to be gone into by the Executing Court - Objection that the self acquired property of the LR's of JD cannot be attached and sold in execution of the decree passed against the JD, is a question to be determined by the Executing Court...........
Registration Act, 1908, Section 17(2)(vi), Civil Procedure Code, 1908, Order 21, Rule 1 -- Adjustment of decreetal amount - Registration of adjustment/compromise - Money decree - Judgment debtor can enter into a compromise to adjust the decreetal amount against the immovable property - Adjustment/Compromise will not require registration u/s Sec. 17(2)(vi) of Registration..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution of money decree - Whether J.D. can entered into compromise to adjust decretal amount against the immovable property. Held - Yes. It is open to J.D. to make the payment of decree in Court or to record the decree as adjusted...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 1, 2 -- Satisfaction of judgment and decree - Mode of paying decreetal amount - Payment made to decree holder out of court or otherwise - Adjustment towards satisfaction of decree - Decree holder to certify such payment and adjustments before the executing Court - J.D. or its surety can inform Court of any such payment..........
