Civil Procedure Code, 1908, Section 54 -- Provision of S.54 CPC provides for a ministerial functions of a Court - It cannot be termed to be an execution proceeding...........
Limitation Act, 1963, Section 14, Article 136, Civil Procedure Code, 1908, Order 21 -- Execution - Limitation - Execution filed within time - However same withdrawn because J.D. filed an application U.O.9.R.13 CPC and appellate Court remanded case for decision afresh - On dismissal for non prosecution execution filed again - Time thus consumed has to be excluded -..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 24 -- Execution - Decree for possession of immovable property - Third party claiming to be in possession as tenant or co-tenant can resist execution of decree of eviction if he was not a party thereto on ground that decree would, if executed, oust him from decretal property - Application by objector seeking transfer of..........
Civil Procedure Code, 1908, Section 9, 47, Order 21, Rule 97, 99, 101 -- Suit for possession - Possession taken by defendants in execution of decree - Availing remedy U.O.21.Rr.97, 99 & 101 and S.47 is permissible...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Decree of specific performance - Objections - Objector claiming possession on land on basis of sale deed - His right, title or interest is to be decided by trial Court and application U.O.21.R.99 could not be dismissed as not maintainable - Sale deed when claimed to be prior in point of time with stipulation that..........
Civil Procedure Code, 1908, Order 21, Rule 54, 66 -- Execution - Auction - When a property is sold it is mandatory to serve notice upon the person whose property is sold - Sale of property without notice to its owner is nullity and all actions pursuant thereto are liable to be struck down/quashed...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Execution - Auction - Notice - Has to be personally affected on the J.D. - Valuation of property is required to be done under O.21.R.66(2) Proviso - The estimate of the value of the property is a material fact to enable the purchaser to know its value - It must be stated accurately and fairly as possible so that the..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Framing of issues - There is no need to frame an issue and give an opportunity to lead evidence to the parties where the facts are clear...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Where objections prima facie are frivolous, vexatious and intended to delay, then these are not liable to be put to trial as otherwise it would amount to abuse of process of the Court...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Execution of eviction order - Objections filed by J.D. dismissed and upheld upto Supreme Court - Thereafter petitioner claimed himself to be real tenant filed third party objections stating that he was not bound by the..........
