Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Amount deposited within 30 days of sale - Sale has to be set aside...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Absence of specific prayer in application U.O.21.R.89 CPC to set aside sale - True intention and substance of petition/application has to be gathered, before proceeding to non suit an applicant on such a hyper technicality - Moreover it is correctly held by trial Court that application being filed U.O.21.R.89 CPC is..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Period of limitation for an application U.O.21.R.90 CPC is 60 days as per Art.127 of Limitation Act - Application filed beyond period of 60 days is barred by law, particularly when sufficient documents were not produced by petitioner before executing Court in order to prove his inability for..........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Decree for restitution of conjugal rights - Decree for restitution of conjugal rights cannot be enforced except by way of attachment of the property of other party or compensation and mesne profits - Object of O.21.R.32(1) and (3) CPC is that no person can force a female or his wife to cohabit and establish conjugal..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by BDA (Bangalore Development Authority) - DH after a period of approximately 17 years and after vesting of suit property in favour of BDA, entered into lease agreement with JD - BDA has become absolute owner of suit property - When BDA claims right, title or interest in suit property,..........
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 13 -- Execution - Objection to execution proceedings as well as to application u/s 47 CPC filed by applicant do not either disclose any substantial defence to decree or testify the same to be suffering from any jurisdictional infirmity or invalidity - Order rejecting objections held, proper...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Explanation - Decree - Assignment pre decree and assignment post decree - Objective of adding Explanation to the provision of O.21.R.16 CPC was to avoid separate suit proceedings being filed therefrom and to that extent removing the distinction between an assignment pre the decree and an assignment post the decree...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Decree - Transferee of decree - Transferee is entitled to the benefit of decree which is in favour of the transferor - Transferee of an actionable claim steps into the shoes of transferor and claim to be transferee of the decree by virtue of the assignment in writing executed by the transferor in his favour - Transferee,..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Fixation of upset price - It is a matter which should be based on some materials and not merely on the submissions made by some of parties...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Auction sale - Value of property - O.21.R.66(2)(e) CPC, requires Court to state only nature of property so that purchaser should be left to judge the value for himself - But, essential facts which have a bearing on the very material question of value of property and which could assist the purchaser in forming his..........
