Civil Procedure Code, 1908, Order 21, Rule 30 -- Execution - Order of attachment before judgment passed by Court during pendency of suit - Attachment affected in pursuance of order - Insolvency proceeding - Indication of - Status of Decree Holder - Not secured creditor...........
Civil Procedure Code, 1908, Order 21, Rule 36 -- Tenant - Redemption of mortgage - Tenant inducted by mortgagee - Property redeemed and remortgaged and tenancy continued - Held, as tenant was not inducted by mortgagor as such tenant is liable to be evicted in execution of final decree of redemption obtained against the second mortgagee...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Dispossession - Open vacant land - When possession of open vacant land is delivered in execution of a decree it amounts to dispossession of the owner - Merely because at the time of execution of the decree owner was not physically present it cannot be said that delivery of possession to D.H. by Court does not amount to..........
Civil Procedure Code, 1908, Order 21, Rule 101, 99, 97 -- Open vacant land - In execution of decree owner dispossessed as possession reported to be delivered to D.H. - Owner looses his right and control over the land when Nazir of Court delivered possession to D.H. - Such a person can make an application to executing Court and seek adjudication of his right and title in..........
Second execution application -- First execution application filed by decree holder dismissed in default - Application under Order 9 Rule 9 CPC not filed and second execution application filed - Second application held maintainable...........
Consumer Protection Act, 1986, Section 25,27, Companies Act, 1956, Section 446 -- Execution application - Provisions of Sections 25 and 27 of the C.P.Act are to be read in conjunction and not in isolation - Resort to Section 27 of the Act is to be taken as a last resort - Respondent Company ordered to be wound up by Hon'ble Company Judge and Provisional Official Liquidator..........
Civil Procedure Code, 1908, Section 60 -- Pension amount - Attachment - Once pension amount is deposited by Govt. in Savings Account of employee it loses all the characteristics of pension and the same is attachable in execution of a decree...........
Civil Procedure Code, 1908, Section 96, Order 20, Rule 18 -- Appeal against final decree in partition suit - Filed after delay of 12 years - Preliminary decree was passed long ago in 1971 - It was confirmed by Board of Revenue - Final decree for partition was also passed in 1971 - Appeal was preferred along with condonation application in 1983 when final decree was put to..........
Civil Procedure Code, 1908, Section 47 -- Identity of property - Issue raised and decided in ejectment proceedings - Court cannot go behind the decree by reopening the issue in execution proceedings...........
Civil Procedure Code, 1908, Section 47 -- Exparte decree - Execution - Objections - Decree alleged to be nullity as obtained without service of summons on the objector - Held, without moving an application to set aside the exparte decree or obtaining stay of execution of decree it does not lie in the mouth of the petitioner to say that decree is a nullity in the eye of law..........
