Civil Procedure Code, 1908, Order 21, Rule 23(2) -- Execution - Identity of suit land - Vagueness or identity of suit land - Nothing wrong if executing Court directed parties to lead evidence...........
Civil Procedure Code, 1908, Order 21, Rule 104, 101, 103 -- Execution - Possession - Execution filed in 2004 - Appellant filed suit for specific performance in the year 2005 - O.21.R.104 is not applicable as the suit was filed later in point of time than the commencement of the execution proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 55 -- Execution - Money decree - Removal of attachment after satisfaction of decree - Executing Court to withdraw the attachment and putting of property to auction sale when decree is satisfied...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Injunction decree - Execution - Plaintiff held to be in possession of 28 Kanals 14 marlas - On the basis of Local Commissioners Report and evidence led by parties Executing Court held that D.H. is in possession of 24 Kanals 18 marlas - In order to satisfy the decree warrant of attachment issued - Order upheld...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention of J.D. - D.H. is required to place some material before the Executing Court which indicates that J.D. is possessed of property and means - D.H. is not required to conclusively prove as regards the means of J.D...........
Civil Procedure Code, 1908, Section 39(4) -- Execution - Transfer of decree to another Court against one of the J.D's - Transferee Court has no jurisdiction to execute the decree as against other J.D's...........
Civil Procedure Code, 1908, Order 21, Rule 48 -- Execution - Transfer of decree to another Court - Transferee Court cannot attach salary of a J.D. when his Disbursing Officer is not within jurisdiction of that Court...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Eviction order - No ground to interfere - 3 months time given to vacate on giving an undertaking - Execution petition to be filed in case of failure to vacate - Notice of execution petition not required to be given to petitioner - Possession, if required, to be delivered with police protection - Police protection to be..........
Civil Procedure Code, 1908, Section 47, 11 -- Execution - Objection petition - Earlier objection petition on same grounds dismissed - Held, objection petition is barred by principle of res judicata as it is not open to the petitioner to have raised the same objections again, once the said objections were rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for partition of ancestral property - Suit land belonged to predecessor-in-interest of parties - After filing suit, information as regards execution of registered Will in favour of husband of defendant, came to the knowledge of plaintiff who by amendment wanted to challenge the same - Held, mere..........
