Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - `Any person' - Includes all persons resisting the delivery of possession, claiming right in the property even those not bound by the decree, includes tenants or other persons claiming right on their own including a stranger...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - J.D. has to show that the decree was ex facie nullity - Executing Court is precluded from making an in-depth scrutiny as regards the entitlement of the plaintiff with reference to not only his claim made in the plaint but also the defence set up by the judgment-debtor - Executing Court can neither reopen..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Cannot be held not maintainable when objector has availed the remedy of declaration suit in respect of his title...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 97, 90 -- Execution - Objections - Res judicata - Objections U.O.21.R.90 CPC dismissed on the ground that remedy is already sought by filing a civil suit therefore there is no reason to implead as a party in the execution application - Objections filed U.O.21.R.97 - Held, order does not constitute res judicata insofar..........
Civil Procedure Code, 1908, Section 2(2), Order 23, Rule 2 -- Compromise decree - Execution - Joint application filed by parties U.O.23.R.3 - Application signed by parties and supported by affidavits - Court mentioned in order that parties are bound by the terms and conditions of settlement and that joint settlement application is allowed and disposed of - Held, order..........
Civil Procedure Code, 1908, Order 47 -- Private Ltd. Company - Decree against - Execution of decree - Whether decree obtained against private company can be executed against personal property of its managing director? - Held, decree passed against a private company which being a distinct legal entity it cannot be executed against its managing director or directors and..........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Section 16, 69, 21 - - Execution proceedings - Reference to Lok Adalat - Refund of court fee - Held, decree holder is not entitled to refund of court fee paid on plaint on account of compromise arrived at between parties before Lok Adalat on a reference made to it in execution petition...........
Civil Procedure Code, 1908, Section 60(i)(ccc) -- Execution - Only residential house - Exemption from attachment - Objection as to - To be decided at the first instance before proceeding with the sale of property - Proceedings without deciding the objections are non-est in the eyes of law and deserve to be set aside...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Any person can resist or obstruct the execution of a decree of possession of the property by moving an application before the Court concerned, which shall be adjudicated upon in accordance with law...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Resistance or obstruction - Application U.O.21.R.97 CPC - To be decided on merits - Rejection of application only on the ground that since objector has been party through his predecessor, hence has no right to resist his dispossession at this stage - Unsustainable - Quashed - Execution Court to decide application..........
