Civil Procedure Code, 1908, Section 11 -- Eviction decree - Respondent held not a tenant - Same plea of jural relationship raised again in execution Court - Held, executing Court was right in refusing to entertain the objection for executing the decree - Decision of the High Court directing the executing Court to go into the question set aside...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- No material on record to prove that defendants were about to dispose of or remove the whole or any part of the property with intent to obstruct or delay the execution - Order of trial Court rejecting application, upheld...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Power of Court is not confined to S.144 of Code - In cases where S.144 does not apply Court can exercise its inherent powers to grant restitution - Where judgment debtor was dispossessed in execution of decree during pendency of his appeal against decree and during existence of order staying execution, inherent..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Contract executed at Bombay - In furtherance of the execution of the contract at Bombay, the respondent executed Bank guarantee at Delhi and transmitted to Bombay - Held, cause of action does not arise at Delhi...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 103 -- An application filed U.O.21.R.35(3) or S.47 is to be treated as an application U.O.21.R.97 and is required to be adjudicated under rule 98 - Dispossession of the applicant from the property in execution is not a condition for declining to entertain the application - The order is treated as a decree U.O.21.R.103 and..........
Civil Procedure Code, 1908, Section 11 -- Expin.VI - Compromise decree-Execution-Validity of decree challenged - Objection dismissed - Subsequent objection raised that decree is vague and incapable of being executed - Held, objection is barred by principle of res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Eviction decree - Execution - Objections - Dismissed- Subsequent suit for declaration that decree was fraudulently obtained and hence not binding based on same facts in respect of same subject-matter and between same parties - Held, suit is not maintainable...........
Civil Procedure Code, 1908, Section 47 -- All questions arising between the parties relating to execution, discharge or satisfaction of the claim are required to be determined by the officer in charge of execution before proceeding with execution by way of sale...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Enforceability of decree - Altered situation - Decree for perpetual injunction granted restraining the mother of the appellants from constructing a window in the joint wall - Subsequently a new wall constructed whereas no joint wall existed - As there is an altered situation after pass-ing of the decree and the..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Appellant found in possession - Appellant is entitled to obstruct execution defending his illegal dispossession and he is also independently entitled to file application U.O.21.R.97 claiming his possession...........
