Civil Procedure Code, 1908, Order 21, Rule 29 -- Execution - Stay of - Declaratory suit pending against DH - Petitioner filed an application for grant of probate before District Judge on basis of Will in his favour, which was dismissed - Even testamentary case filed by petitioner also dismissed - Petitioner in order to create complication and delay execution proceedings..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceeding - Application dismissed by trial Court - Revision against same also dismissed by observing that application moved just to delay execution proceedings and even same is not maintainable at the instance of petitioner - Both the Courts below have recorded findings of fact and unless these findings..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Applicability of O.21.R.29 - To invoke the provisions of O.21.R.29 of CPC, the suit and execution proceedings must be pending in one and same Court...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - JDs filed suit for seeking injunction to restrain DHs from taking forcible possession otherwise than due process of law - In executing Court, DHs seek to recover possession by executing the decree which has attained finality upto the level of Hon'ble Supreme Court - This is certainly not a..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Power to stay execution of a decree vests in executing Court itself and is not dependent upon any order of stay being passed by a superior Court or by a Court before which an appeal may be pending...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Mere fact that there was no specific reference to provision of O.21.R.29 CPC in the application, would not be fatal for Court to consider as to whether powers conferred thereunder were liable to be exercised or not...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - For invoking O.21.R.29 CPC, there should be simultaneously two proceedings in one Court - One is proceeding in execution at the instance of DH against JD and other a suit at the instance of JD against DH...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Civil suit not pending in same Court where execution proceeding is pending - Said suit is neither filed by JDs nor it is filed against DH, as DH is only a formal party in the suit - None of requirements is satisfied for invoking provision of O.21.R.29 CPC - Application dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Mere filing of an appeal does not operate as stay of execution - It is only the appellate Court which can stay the execution - However, Executing Court may stay the execution of the decree if J.D. has filed any suit against the decree holder...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Execution - Stay of execution - O.21.R.29 CPC is in aid of doing justice to the parties and has to be exercised only in exceptional cases - Law is otherwise settled that execution of decree is not liable to be stayed, except for justifiable and good ground...........
