Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention - It is one of the options available to D.H. - He cannot be forced to take recourse to this provision only as a last resort after exhausting all other modes of execution...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention - Mere fact that J.D. owns property - No ground to refuse his detention in civil prison - Finding of trial Court that J.D. owns landed property and hence D.H. should proceed against said property instead of seeking arrest and detention - Not proper...........
Civil Procedure Code, 1908, Section 11 -- Explanation VII - Res judicata - Applies to execution proceedings as well - Principles of res judicata applies to different stages of the same proceedings is well settled...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Execution - A decision in executing proceedings on question of value of property, as such may not constitute res judicata at a later stage of execution proceeding where the question arises whether the value of property has undergone change...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Execution petition - Amendment - Title suit decreed - Execution petition for execution of decree filed - Plaintiff/Decree Holder sought amendment for substituting name of one of parties as there was error in mentioning name of party - Amendment allowed vide impugned order - Held, impugned order cannot be faulted...........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 1,2, Delhi Rent Control Act, 1958, Section 14(1)(a) -- Eviction - Temporary injunction - Res judicata - Eviction order against tenant - Appellant filed application U.O.39.Rr.1, 2 CPC to obtain stay of execution proceedings with respect to eviction order passed against him - Objections filed by person through whom..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal - Hand writing expert - Cannot be allowed to be examined in rebuttal evidence when execution of agreement was denied in written statement and onus to prove agreement was on plaintiff...........
Civil Procedure Code, 1908, Order 21, Rule 92(4) -- Execution - Court sale - Third party objections - Third party claiming any right over the property covered by Court sale can have recourse to Rr.97 or 99 and not by way of a separate suit...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 105, 106 -- Execution - Court sale - Procedure for consideration of application under R.97 or 99 even where it is by the decree holder, for removal of the obstruction to delivery of possession by J.D. or any person claiming under him, or by a third party, not claiming under the J.D. is governed by O.21.Rr.105 & 106 CPC..........
Civil Procedure Code, 1908, Order 21, Rule 105, 106 -- Execution - Procedure U.O.21.Rr.105 & 106 CPC is not confined to the adjudication of application under Rules 97 or 99 but in the case of any other application covered by O.21 of the Code wherein an adjudication of the substantive right of the parties is involved for determination by the Court...........
