Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution on the basis of charge decree - O.21.R.58 CPC can be invoked by third party only in a situation where there is an attachment of property by Court in execution of a decree...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree - Petitioner claimed to be transferee of property by a tenant who was ousted by decree of eviction - Title of decree holder is not disputed by petitioner - Documents produced by petitioner do not give any conclusive proof of title to sustain possession of petitioner so as..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 54 -- Execution - Objections - Attachment of property - Agreement to sell executed in favour of DH during the pendency of suit for specific performance filed by petitioner - Same is thus, governed by principle of lis pendens - Petitioner has a prior/preferential right over the property as agreement to sell in his..........
Civil Procedure Code, 1908, Order 21, Rule 66, 54 -- Auction sale - Proclamation - Sale proclamation should mention the estimated value of the property and such estimated value can also be given U.O.21.R.54 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 54(1), 66 -- Execution - Attachment of property - When only one of attached properties was sufficient to satisfy the decree there was no requirement for effecting sale of entire attached property...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Sale of property - Only such portion of property as would satisfy decree is to be sold and not the entire property - Court's power to auction any property or part thereof is not just a discretion but an obligation imposed on the Court and the sale held without examining this aspect and not in conformity with this..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree passed on the basis of compromise between DH and JD - Petitioner/objector claimed that she was owner of suit premises - However, she has not produced any title document of her having ownership over suit premises - Merely because a suit for partition was filed, same cannot..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention of JD - JD disobeying the order of attachment, sold away the property to third parties during the pendency of suit and prior to filing of execution petition - JD thus, had sufficient means to pay decretal amount - Plea of JD seeking extension of six months time is not acceptable, as executing..........
Civil Procedure Code, 1908, Order 21, Rule 95 -- Auction sale - If there is any ancillary proceedings to set aside the sale, sale will become absolute only after final disposal of those proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution - Ex parte decree - Petitioners already filed a miscellaneous case U.O.9.R.13 CPC for setting aside ex parte decree - O.21.R.26 CPC not applicable - Moreover, no suit is pending between parties except said miscellaneous case - Petitioner had also not shown sufficient cause to stay execution case as such..........
