Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree in a partition suit without there being a final decree cannot be executed - When there is no final decree, there is no executable decree - Decree becomes executable only when final decree is passed...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14(7) -- Eviction petition - Bonafide need - Execution of decree - Non-issuance of warrants of possession - Repeated adjourning of execution petitions of decree which are not stayed and which are executable, deprives the decree holders of extremely valuable rights specially in the case of decrees of possession which may be..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - Decree on the basis of report of Commissioner - In the instant case Commissioner did not go through the plaint and written statement - Commissioner could not understand the purpose for which he was deputed for local inspection - `A' and `B' schedule properties cannot be identified from the sketch..........
Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Limitation period for executing a decree passed by a foreign Court (from reciprocating country) in India will be limitation prescribed in reciprocating foreign country - However, this will be subject to decree being executable in terms of S.13 CPC...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to executability of decree - Eviction decree - Objection raised on the ground that decree is not executable as subject matter of decree i.e land is sold out by series of sale deeds is not entertainable - However, same would not frustrate decree and make it inexecutable, since decree is still executable by..........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Execution - Suit dismissed as withdrawn - Execution proceedings cannot be initiated in absence of a decree or executable order - Execution proceedings and all subsequent proceedings on the basis of said execution proceedings are illegal, null and void...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Scope - O.21.R.32 CPC deals with twin situation (i) regarding execution of decree and if decree of injunctions is otherwise not executable then to resort to civil imprisonment or attachment of property of judgment debtor; (ii) violation of decree passed by trial Court - To claim any violation of decree specific..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - Purpose of O.7.R.3 CPC, is to ensure that there is description of suit property sufficient to identify the same, which is with intent and purpose that in a case a decree is passed, it ought to be an executable decree and does not remain a mere paper decree...........
Civil Procedure Code, 1908, Section 47, Partnership Act, 1932, Section 42(c) -- Execution - Objections - Partnership firm - Two partners - One partner obtained a decree against the other partner - Death of both the partners - Decree obtained by one partner against the other is not executable decree as on death of a partner, partnership stands dissolved by operation of law..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Execution - Decree of specific performance - Decree was executable within two months of passing of decree on payment of balance sale consideration - In appeal appellate Court did not impose a time limit - Objections that balance sale consideration not deposited within time as decree was not stayed by first..........
