Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Sale by Executing Court of land belonging to wife of judgment-debtor - Objections under Order 21 Rule 90 not filed within limitation - Sale would not become valid - Executing Court can sell by auction land owned by judgment-debtor and not by a third party - No jurisdiction to sell land not owned by..........
Land Acquisition Act, 1894, Section 28, Civil Procedure Code, 1908, Order 21, Rule 1(1)(a), 1(2) - - Interest on compensation amount - Does not cease to run from the date of deposit of amount in Court - Decree-holder entitled to claim interest until such time as and when comes to know of payment made in Court...........
Civil Procedure Code, 1908, Section 60(1), Order 21, Rule 48 -- Running allowance paid to - non-gazetted railway employees can be attached...........
Civil Procedure Code, 1908, Order 21, Rule 35(2) -- Scope of - Decree for joint possession of land - Execution of - By affixation of a copy of warrant at some conspicuous place on the property and also by proclamation by beat of drum the substance of the decree - Actual possession is not delivered - Only symbolical possession is given - Question of removing judgment-debtor..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35 -- Symbolic possession delivered in execution of decree-Decree deemed to hare been satisfied - Second execution application for actual possession - Does not lie - Fresh suit for actual possession - Not barred by Section 47 - Remedy for decree-holder after delivery of symbolic possession - By way of a fresh suit and..........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Failure to answer interrogatories - Court suo motu cannot struck out the defence of defendant - It is the party asking for the interrogatories to apply to the court and obtain the order to that effect...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Non Compliance of the provisions contained in O.21.R.54 CPC, which prescribes certain formalities regarding attachment of property, would not render a sale in execution a nullity...........
Civil Procedure Code, 1908, Order 21, Rule 89, 90 -- The function of the Court is to administer the law and not to legislate it. If any provision of law is clear beyond all ambiguity, it is to be implemented regardless of the fact that it causes hardship to a particular party. If application U/O.21.R.90 made and then application U/O.21.R.89 made the later application can..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Objections to sale are whether U/O.21 R.90 or 47 CPC to be decided by nature of objections and not by the recitals made therein...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 89, 90, 91 -- Material irregularity in conduct of sale in execution proceedings - Non service, non affixture of sale proclamation and sale not by beat of drums are merely material irregularities in the conduct of sale - Do not affect the Courts jurisdiction or renders the sale void - Such objections to be raised in..........
