Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution of decree - Beyond two years - If execution is beyond two years from date of decree, notice to J.D. is mandatory...........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Appeal - Cross objections - If not filed, Court cannot draw adverse inference...........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Appeal - Cross objections - Can be filed within 30 days or within such time which in the facts and circumstances of the case, is found to be just and proper by the Court - There is no complete or indefeasible extinguishment of right to file cross objections after the expiry of statutory period of limitation provided under..........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Object - J.D. can raise objection to the executability and validity of the decree within the four corners of the Code...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22, 23 -- Execution - Order to proceed with attachment - Order can only be passed when either objection are not filed or objections are decided - When Court orders attachment then stage to file objections comes to an end - Once the Court decides to proceed with attachment then objections to execution cannot be filed..........
Civil Procedure Code, 1908, Order 21, Rule 22, 23, Civil Procedure Code, 1908, Order 43 -- Execution - Objections - Can only be filed before the Court orders to proceed with attachment of property - If thereafter objections are to be filed that can only be when order to proceed with attachment is set aside in an appeal - Though orders made U.O.21 CPC are not appealable as..........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Suit for specific performance - During pendency of suit parties amicably settled the dispute and filed consent terms - As per consent terms there were mutual obligations on the part of both the parties - Parties directed to give effect to terms of the consent decree - Both parties failing to comply with their mutual..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 22 -- Objections to the Execution of Decree - Framing of Issues and leading of Evidence - The Executing Court, considering the peculiar cirumstances of the matter and serious disputed question of facts high lighted by the Judgment Debtor in objections to the Decree can frame issues and allow the parties to lead..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 22 -- Objections in execution of a decree are to be gone into by the Executing Court - Objection that the self acquired property of the LR's of JD cannot be attached and sold in execution of the decree passed against the JD, is a question to be determined by the Executing Court...........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution petition filed within two years of passing of decree - Notice need not to be issued to J.D...........
