Civil Procedure Code, 1908, Section 50(2), 47 -- Execution - Death of J.D. - Execution proceedings against L.R's of deceased J.D. - Held, legal representatives of J.D. are liable for the debts of the predecessor to the extent of the estate acquired by the L.R's from their predecessors - Plots acquired by L.R's under a Deed of Gift from a relative not liable to attachment..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution - Stay during pendency of decision of application U.O.9.R.13 - Application for stay of execution dismissed - High Court stayed execution and directed trial Court to dispose of the application of petitioner to set aside ex parte decree within 3 months...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Title to property or possession if remains the same - Order 21 Rule 29 not applicable - Judgment-debtor or his successor cannot resort to this rule merely because a plea was not put forward, which plea was open to him at the time when decree was passed against him on earlier occasion - Not open to heirs of judgment-debtor in..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Objection petition - Opportunity to lead evidence - Held, it is not incumbent upon the executing Court that it must put to trial every objections which are filed in any execution proceeding, even if prima facie they appear to be frivolous, vexatious and are..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principles of res judicata and of constructive res judicata apply to execution proceedings...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Granting of opportunity to objector while entertaining objections under Section 47 read with Order 21 Rules 97 to 108 - Does not amount to permission for abusing the process of law or Court - Not incumbent upon Executing Court to put to trial every objections..........
Civil Procedure Code, 1908, Section 11 - - Execution proceedings - Principles of res judicata and constructive res judicata - Specifically made applicable by Legislature...........
Civil Procedure Code, 1908, Section 58(2) -- Execution - Petitioner sent to civil prison for a period of 30 days - Cannot be sent to civil prison for the second time...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for declaration to be owner in possession with consequential relief of permanent injunction restraining defendant - Bank from selling property for realisation of debt claiming to have been cultivating suit land as tenant - at - will under erstwhile owners, purchased tenancy land under Section 18 Punjab Security of..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Money suit - Hypothecated movables - Suits decreed - Defendants were to pay amount in quarterly instalments - Default by defendants entitled Receiver/Special officer to take possession of assets charged - Bank filed appeals against decree since amount claimed in suit was much more than the amount decreed - Application by Bank..........
