Civil Procedure Code, 1908, Order 21, Rule 89 -- Execution sale - Application to set aside - Person entitled to purchase same immovable property under contract for sale - Held, such person has no locus standi to apply U.O.21.R.89 CPC...........
Civil Procedure Code, 1908, Section 151, 153, Order 21, Rule 17, Limitation Act, 1963, Article 136 -- Execution - Mode of Execution - Amendment - Can be allowed only if sought within period of limitation - Amendment sought after 17 years from date of decree - Barred by limitation - Powers under Ss.151 and 153 of Code cannot be invoked to remove the bar of limitation...........
Civil Procedure Code, 1908, Section 47 -- In executability of decree passed by a Court having jurisdiction cannot be challenged in execution - Even an ex parte decree is executable as a contested decree...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Application by third party claiming half share without dispossession - Application treated as obstruction - Held, such application is maintainable and adjudication is justified...........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 98, 103 -- Execution - Application by third party claiming half share without dispossession - Application treated as obstruction - Order amounts to decree - Only appeal lies and no revision is maintainable against the order...........
Civil Procedure Code, 1908, Section 48 -- Execution - Limitation - 12 years - Decree passed on 29th October, 1949 and execution application filed on 16th November, 1961 - Held, execution application is barred by limitation in view of the provisions of S.48(1)(a) as it stood at the material time - Appeal dismissed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Order as to payment of interest - Order without jurisdiction and beyond the scope of the decree - Order set aside...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Resistance - Enquiry - Obstructor claiming himself to be tenant - Civil suit claiming such rights dismissed as baseless - No enquiry is needed - Application U.O.21.R.97 dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Petitioner aware of suit - Represented by a power of attorney - In execution of an ex parte decree the J.D. cannot be allowed to set up a sham and illusory plea that he had absolutely no information regarding the exparte proceedings to set aside ex parte decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Validity of decree cannot be challenged in execution Court unless the decree passed is a nullity...........
