Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Agreement to sell - Land in excess of sale agreement put up for sale and purchased by D.H. - Sale bad as Court made no attempt to put up only a reasonable portion of the J.D's property - Sale set aside - J.D. directed to pay the decretal amount, interest on the principal earnest amount of Rs.3, 000/- at the rate of 12%..........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Interest - Any payments made have to be first appropriated towards interest and excess, if any, to be appropriated towards principal amount - Calculation memo filed by D.H. calculating interest on decretal amount from date of decree to date of first payment and then after deducting amount paid, calculating interest on the..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Decree of trial Court merges with decree of appellate Court - Limitation starts to run from date of decree of appellate Court - Where an order is made subsequent to decree permitting payment of decretal amount by a certain date, limitation starts from that date if default is committed in making payment by that..........
Civil Procedure Code, 1908, Order 21, Rule 12-A -- Decree for specific performance - Balance consideration amount to be deposited within the prescribed period - Court declines to impose any condition in the event of default - Executing Court has the power to enlarge the time for depositing the decretal amount. (Specific Relief Act, 1963, S.28(2), (3)...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Valuation in proclamation - Notice given U.O.21.R.66 but J.D. failed to give valuation of his own - Court relying upon the valuation given by the D.H. settled the terms of the sale proclamation - Property sold for much more than the decretal amount - Held, there is no illegality in the proclamation of sale...........
Civil Procedure Code, 1908, Order 21, Rule 66, 90 -- Auction sale - High Court gave an (opportunity to pay decretal amount with interest to the J.D. who failed to avail of it - High Court observed that J.D. intended to prolong the finalisation of sale - No interfer-ence - SLP dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Trial Court set aside the exparte decree - In revision High Court directed the appel-lant to deposit the decretal amount and costs - Held, High Court in revision cannot direct the payment of decretal amount and costs - Order of High Court set aside and that of the trial Court restored...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Auction sale - Property sold for Rs.15, 000/- subject to discharge of the mortgage sum of Rs.40, 009/- Respondent mortgagee purchased himself the property for Rs.15, 100/- - Held that the sale conducted by the executing Court was illegal - Appellant, who deposited the entire decretal amount, which was withdrawn by the..........
Civil Procedure Code, 1908, Section 34, Interest Act, 1978, Section 3 -- Interest till filing of suit not allowed as not claimed in various letters written by plaintiff to defendant nor there is a stipulation in the bill for payment of interest in case of non payment within a particular time - However, interest at the rate of 12% allowed from the date of filing of suit to..........
Civil Procedure Code, 1908, Section 51(c) -- Money decree - Execution - No demand and no refusal of payment of decretal amount - Order of arrest set aside...........
