Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - In the execution of a decree for injunction, even restoration of possession can be ordered by Executing Court...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Limitation - There is no limitation for filing application for execution of decree of permanent injunction and application U.O.21.R.32 CPC can be filed many times...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Non-compliance of decree of permanent injunction is a continuing disobedience entailing penal consequences - DH can file execution applications as long as there is a continuing violation or disobedience of decree...........
Civil Procedure Code, 1908, Section 51(c), Order 21, Rule 21, 30 -- Execution - Money decree - There is no bar in law to proceed simultaneously against the person and property of JD in execution of a decree...........
Civil Procedure Code, 1908, Order 21, Rule 40(1) -- Execution - Arrest warrant - Order U.O.21.R.40 CPC passed without assigning any reasons and without considering any of contentions of JD - Cryptic order is passed which reveals total lack of reasoning and therefore, same is a non-speaking order, hence set aside...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Provision of O.21.R.97 CPC is meant to protect the possession of a third party whose possession is lawful and such a person cannot be evicted on the basis of decree in which they were not party...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - O.21.R.97 CPC is not meant to protect the possession of a person who is not a third party and does not have any independent right and does not claim his possession based upon his independent right over the suit property...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree against Company - There is no provision in CPC which provides for execution of a money decree against JD Company by effecting arrest and detention of its employee, Director or General Manager...........
Civil Procedure Code, 1908, Order 21, Rule 52 -- Execution - Recovery of arrears of rent - Attachment of compensation granted under Motor Vehicle Accident Claim - Petition for arrears of rent filed against petitioner was decreed ex parte - Shop in question was in custody of petitioner and it was petitioner who was responsible to pay rent - Petitioner cannot take defence of..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Objection U.O.21.R.90 CPC confined to material irregularity or fraud or publishing or conducting the sale - Mere fact that no opportunity was granted to appellants on the point of market value in view of O.21.R.90(3) CPC and any other objection beyond the scope of O.21.R.90(1), (2)..........
