Civil Procedure Code, 1908, Order 21, Rule 64 -- Only that portion of the property which is sufficient to satisfy decree be put to sale - Sale of property worth more than rupees one lakh for just Rs.35, 000/- for satisfying decree for Rs.6, 022, held, is illegal...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35, Specific Relief Act, 1963, Section 22 -- Specific performance - When a suit for specific performance is decreed for possession in favour of plaintiff against vendor and his transferee who were held to be not bona fide or whose transfer is without consideration, all these parties are bound by decree irrespective of..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Appeal - Pendency of application for condoning delay - Appellate Court, till then, is prevented from considering the application for stay of execution - Held, Executing Court can grant stay of execution in the meantime invoking the power U.O.21.R.26 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 11(2), Civil Procedure Code, 1908, Order 20, Rule 6-A, 7, Limitation Act, 1963, Article 136 -- Execution - Limitation - Starting point - Decree becomes enforceable the moment the judgment is delivered and merely because there is delay in drawing up the decree, it cannot be said that the decree is not enforceable till it is..........
Civil Procedure Code, 1908, Order 11, Rule 14, 21 -- Production of documents - Non compliance with Court's order inspite of repeated adjournments - Striking of defence - Justified...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- First Proviso - Ordering proclamation without issuing notice to J.D. for settlement of terms - Not legal - Opportunity be given to J.D. to furnish necessary details as to value of property to be sold before issuing proclamation...........
Hindu Adoptions and Maintenance Act, 1956, Section 19, 21, Civil Procedure Code, 1908, Section 151 -- Interim maintenance - Act does not provide for grant of interim maintenance pending the final decision of the proceedings yet the Court by virtue of the duty to render fair justice and in exercise of its inherent power under Section 151 CPC has wide discretion to grant..........
Civil Procedure Code, 1908, Order 21, Rule 37, 38 -- Arrest warrant - Cannot be issued without holding enquiry as to whether J.D. has sufficient means, is willfully avoiding to pay decretal amount - Ex parte order of arrest passed without holding such enquiry - Exparte order set aside but directing to deposit 1/4th of the execution amount - Not legal - Order set aside...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Deposit is a condition precedent to the making of an application to set aside a sale - When it is merely stated that J.D. is ready to deposit the amount but the amount is not deposited - Deposit not made alongwith application but subsequently - Held, such an application is not in accordance with O.21.R.89 CPC - Application..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Set aside by executing Court on objections U.O.21.R.90 - District Judge setting aside order of executing Court and holding objections to be barred by time - Observation of District Judge perverse being contrary to record - District Judge failing to advert to various aspects specifically considered by executing..........
