Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Attachment before judgment is only an ancillary, protective relief to secure decree subject to adjudication of independent claims and cannot prejudice pre-existing rights or confer any substantive advantage upon plaintiff beyond securing satisfaction of decree...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Registered sale deed in favour of original applicant was executed prior to institution of suit - In such circumstances, essential condition for invoking attachment before judgment U.O.38.R.5 CPC that property belongs to defendant on the date of institution of suit is absent - Plaintiff's remedy,..........
Civil Procedure Code, 1908, Order 38, Rule 8, Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment before judgment - Any claim U.O.38.R.8 r/w O.21.R.58 CPC must be adjudicated recognizing protective and procedural nature of attachment before judgment without prejudicing pre-existing rights of bona fide third parties...........
Civil Procedure Code, 1908, Order 38, Rule 8, Transfer of Property Act, 1882, Section 53 -- Attachment before judgment - Determination of whether sale deed is fraudulent is exclusively governed by S.53 of T.P Act and claim petition procedure O.38.R.8 CPC cannot substitute or override statutory safeguards and requirements of such substantive proceedings...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC has to be decided along with appeal - Matter remanded back to appellate Court to decide the appeal afresh after adjudicating application U.O.41.R.27 CPC...........
Service -- Selection process - Challenge as to - Appellants during pendency of challenge to recruitment process, are appointed and now working on a higher post - They are not interested to prosecute present civil appeals any further - Appeals disposed of as having become infructuous...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Provision U.O.18.R.17 CPC cannot be invoked to empower either of parties to further examine or further cross-examine already examined witness - It is only Court which would put questions to witness - As such, core issue is satisfaction of trial Court that witness is required to be recalled to clarify on..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Sale made without notice to judgment debtor is a nullity, as it divests judgment debtor of his right, title and interest in his property without an opportunity - Omission of service of notice on judgment debtor, would render void the action taken and the sale in pursuance thereof...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Before depriving a judgment debtor of remedy U.O.21.R.90 CPC, it must be seen whether he had notice from executing Court and still acquiesced, by taking no action before date of sale, and if so, he would then be precluded from assailing its legality or correctness thereafter...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - JD failed to raise a material irregularity in the context of O.21.R.66(2)(a) CPC at the appropriate stage, i.e., with regard to sale of a part of property being sufficient to satisfy decree - It is not open to JD to now raise such a belated plea and blithely place burden on the..........
