Civil Procedure Code, 1908, Section 11, 47, Order 21, Rule 97 -- Execution - Res judicata - Principles of constructive res judicata are applicable to execution proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Before granting police aid, notice to J.D. not issued - J.D. deprived of his right of resisting decree by putting forth defences available to him - Impugned order set aside...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 100, 101 -- Auction sale - Setting aside - At the instance of D.H. - Sale confirmed within 30 days of acceptance of the bid - Not by itself decisive to set aside sale after 8 years...........
Civil Procedure Code, 1908, Order 21, Rule 97(2) -- Execution - Objections - Possession as tenant - Mere possession is not sufficient to resist or obstruct the decree of eviction in absence of documentary evidence as to legal possession over the decreetal premises...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Objection of third party in execution - Treated as Civil Suit - To be decided after framing of issues - Parties to lead evidence in support thereof...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Framing of issues - Not necessary when sale is made during pendency of suit as purchaser is bound by the decree. (Transfer of Property Act, 1882, S.52)..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections U.O.21.R.97 CPC - Separate suit seeking same relief also filed - Held, when a suit is already instituted seeking same relief then application U.O.21.R.97 is not maintainable - Two different proceedings cannot be initiated for very same relief...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99 -- Execution - Death of D.H. - Inter se dispute between L.R's - Cannot be adjudicated in execution proceedings as the dispute does not pertain to execution - Inter se dispute between L.R's of decree holder is to be decided in a separate suit - Even one of the L.R's can execute the decree...........
Civil Procedure Code, 1908, Section 47, Order 21,, Rule 97, 99, Civil Procedure Code, 1908, Section , Order 22, Rule 5 -- Adjudication of inter-se dispute between legal heirs of decree holder - Suit for possession - Plaintiff died during pendancy of second appeal - One of the legal heirs impleaded as legal representative of deceased plaintiff on the basis of unregistered..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Plea of collusion, connivance and fraudulent representation - Suit seriously contested and all possible points raised - Appeal against same dismissed after hearing - It cannot be said that decree was obtained in collusion with defendants and fraudulently...........
