Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Third party who is resisting and or obstructing the execution of decree can also seek adjudication of his claim and rights by making an application to avoid multiplicity of proceedings...........
Civil Procedure Code, 1908, Section 50(2) -- Execution - L.R. - Liability - Liability only to the extent of property inherited by him - Appointment of L.R. on compassionate ground - Cannot be termed as property inherited from father - Attachment of salary of L.R' cannot be ordered...........
Civil Procedure Code, 1908, Order 21, Rule 97(2), 58 -- Execution - Third party objections - Framing of issues - Objections if not totally frivolous then Court to frame issues and permit parties to lead evidence and to decide those issues...........
Civil Procedure Code, 1908, Order 21, Rule 98(2) -- Execution - Decree for possession - Detention in civil prison - Police Officer who is directed by executing Court to assist process of execution is neither a J.D. nor prima facie a person either acting on behalf of or at instigation of J.D...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Decree for possession - Expression "Obstruct or resist" in R.97 - Activity of Police Officer is not rendering assistance though directed by Court executing decree - It is only an omission and does not amount to obstruction or resistance to execution of decree - Warrant of arrest of such a public servant for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Execution - Petition dismissed on receipt of a letter by post requesting dismissal of execution petition - Order dismissing execution proceedings is per se an order which is based on such material which is not liable to be looked into and, therefore is non est - Execution restored from date on which it was..........
Civil Procedure Code, 1908, Order 21, Rule 90, Civil Procedure Code, 1908, Order 34, Rule 5 -- Suit for recovery of money enforcing mortgage rights - Execution - Auction sale of mortgaged property - Objections filed U.O.21.R.90 dismissed - During pendency of appeal thereagainst decretal amount deposited - Held, right of Judgment debtor to get property redeemed is not lost..........
Civil Procedure Code, 1908, Section 2(10), Order 21, Rule 10 -- Execution - Suit dismissed and positive order in favour of defendant directing plaintiff to remove unauthorised constructions made during pendency of suit - Non compliance of order - Execution petition at the instance of defendant is maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Obstruction - Relationship of landlord and tenant between D.H. & J.D. - Obstructor son of J.D. working with her - His application to obstruct execution - Not maintainable - O.21.R.97 applies to only person who is claiming independent right, title and interest and not under J.D...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - To be decided after framing issues and giving opportunity to parties to lead evidence in support of their stand...........
