Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has failed to produce any evidence to rebut presumption of proper service - He failed to discharge initial burden - There was thus, no obligation on plaintiffs to produce process server as a witness - Suit remained pending from 2008 till 2022, when ex-parte decree was passed -..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Executing Court instead of examining whether there was willful disobedience of decree and whether remedial measures U.O.21.R.32(5) CPC were warranted dismissed execution petition on the ground that no specific date of dispossession was disclosed and that photographic evidence was..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Once on the date of decree, defendant has not been found in possession and decree of permanent injunction has been issued against them, then neither executing Court nor High Court can go behind decree to hold that JDs are in possession prior to decree - Argument raised by JD..........
Civil Procedure Code, 1908, Section 52 -- Execution - Money decree - Liability of LRs of deceased debtor - Where decree is passed against legal representative of a deceased person, it may be executed by attachment and sale of any property of deceased which has come into hands of such legal representative and has not been duly disposed of...........
Civil Procedure Code, 1908, Section 52 -- Execution - Money decree - Liability of legal representatives of deceased debtor is not personal in nature but is limited strictly to extent of estate of deceased that has come into his or her hands...........
Civil Procedure Code, 1908, Section 52, 53, Order 21 -- Execution - Money decree - Liability of LRs of deceased debtor - Once decree fixes liability upon legal representatives, Court is required to examine whether property sought to be attached forms part of estate of deceased and if so to proceed strictly in accordance with law...........
Civil Procedure Code, 1908, Section 52, 53, Order 21 -- Execution - Money decree - Attachment of property - Attachment in execution does not extinguish prior encumbrances - An attachment is always subject to existing charges or mortgages - There is no prohibition to attachment merely because property is mortgaged - Mere existence of a mortgage cannot constitute a valid..........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Execution - Money decree - Attachment of property - O.21 CPC does not prohibit attachment merely because property is mortgaged - Rights of mortgagee remain unaffected and decree holders claim would rank subject to such encumbrance...........
Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 135 -- Execution - Decree for mandatory injunction - Limitation for enforcement of decree granting mandatory injunction is three years commencing from date of decree or where a date is fixed for performance, such date...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - Protections available to bona fide claimants U.O.21.Rr.98, 100 CPC do not apply to a transferee pendente lite...........
