Civil Procedure Code, 1908, Section 47 -- Eviction petition - Compromise - In view of eviction of tenant forming part of the compromise decree, no specific and separate order of eviction was to be passed - Execution proceeding is maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Execution - Arrest warrant - A person cannot be arrested and sent to jail in execution of a money decree without giving him an opportunity and without conducting an enquiry as to his means - Mere inability to pay the decretal amount is not a ground to send a person to jail - Even if notice is dispensed with under proviso..........
Civil Procedure Code, 1908, Section 47, 11 -- Execution - Objection - Once the objections of the judgment debtor were dismissed her heirs had no right to raise similar objections simply on the ground that their predecessor had died...........
Civil Procedure Code, 1908, Order 21, Rule 37, 41 -- Money decree - Execution - Arrest of J.D. - Burden lies on J.D. to satisfy the Court that he is a small farmer and has no means to pay the decretal amount - Finding of Executing Court that D.H. failed to establish the means of J.D. - Erroneous - In execution proceedings, Executing Court should ensure that decree is not..........
Civil Procedure Code, 1908, Section 73, Order 21, Rule 90 -- Auction sale - Locus standi of third party decree holder to get the auction sale set aside - A decree holder in another suit whose decree is not yet satisfied and whose execution petition is still pending has locus standi to file an application in another execution petition by another decree-holder against same..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Mandatory injunction - Execution of decree - Decree passed for restoration of possession - Decree holder has a right to execute the decree - The executing Court can issue warrant of possession - Objector cannot turn round to say that the decree is not executable by issuing warrant of possession - Decree has been..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98,101 -- Possession - Third party objections - Present appellant filing suit in Small Causes Court for a declaration that he was the tenant of suit premises, and permanent injunction restraining respondent from executing the decree against him and taking possession from him - Question about tenancy and his right and interest..........
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101, 103 -- Person other than J.D. dispossessed in execution of decree - Application U.O.21.R.99 filed - It is mandatory for the Court to dispose of the same in accordance with Rules 100 and 101 of Order 21 CPC...........
Civil Procedure Code, 1908, Section 51 -- Proviso (b), O.21.R.37 - Enquiry as to means of J.D. to pay decretal amount - Should take place after issue of arrest warrant and before passing order of detention in civil prison - Holding of enquiry by Executing Court before issuing arrest warrant uncalled for and vitiated by error of jurisdiction - Court has to enquire whether..........
Civil Procedure Code, 1908, Section 47, 151 -- House - Partition - Final decree - 2/3rd share given to D.H. and 1/3rd share to first J.D. as per report of Commissioner - In execution proceedings J.D. raising objection that decree is inexecutable as suit property is incapable of partition and separate possession - Held, application of J.D. cannot be dismissed on the ground..........
