Civil Procedure Code, 1908, Order 21, Rule 105, 106 -- Execution - Restoration - Execution petition dismissed in default can be ordered to be restored - Contention that petition was dismissed and not dismissed in default - Order dismissing petition on the ground that non turned up on behalf of D.H. or J.D. - Order passed without prejudice to the right of D.H. or any other..........
Civil Procedure Code, 1908, Order 21, Rule 57 -- Attachment - Ceases only when execution application is dismissed unless Court indicates that attachment shall continue - Execution petition when adjourned sine die or closed on account of any moratorium or stay of execution under a statute, or by an order of stay by any Court, or where execution application is closed without..........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution of ex-parte money decree - Defendant moved application U.O.9.R.13 CPC which was dismissed - Contemporaneously, defendant also filed application U.O.21.R.26 CPC seeking stay of execution proceedings - Execution proceedings ordered to be stayed subject to defendant..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Dismissed in default - Fresh application can be filed if same is not barred by limitation...........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction petition - Objections that execution petition is not filed within limitation - Execution petition was earlier filed which was dismissed in default - Execution Court dismissed the objection petition without deciding whether execution petition is filed within time and whether present execution petition is in..........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction petition - Objections that execution petition is not filed within limitation - Execution petition was earlier filed which was dismissed in default - Execution Court dismissed the objection petition without deciding whether execution petition is filed within time and whether present execution petition is in..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Execution - Objections - Dismissed for default - Attached property ordered to be auctioned - Application for restoration of objections filed - Application for stay of auction rejected - Property auctioned - Execution pending for consideration of application for restoration of objections and also for submission of..........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Second execution application - Suit for possession decreed - Execution filed - Dismissed in default - Second execution application filed without restoration of the earlier application - Second application filed within limitation prescribed under Article 136 of Limitation Act - Second application maintainable - Limitation Act..........
Civil Procedure Code, 1908, Order 9, Rule 9, 13, Civil Procedure Code, 1908, Section , Order 21, Rule 10 -- Execution application dismissed in default - Not restored - Fresh execution application filed - Bar under O9 R9 precludes plaintiff from filing fresh suit - Provision of O9 R9 and R13 are not applicable to execution of decree when the rights of parties stands..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 106(1) -- Execution - Dismissal for default - Restoration - Date on which execution application was dismissed for default was fixed for putting up records and not a date fixed for hearing - Dismissal was not under rule 105(2) and therefore provision of R.106 is not attracted - There is no time limit prescribed for..........
