Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Attachment of property - Suit filed against Company through its Managing Director - Petitioner being Managing Director has given personal undertaking in the written statements, chief-affidavits as well as in cross-examination for repayment of suit amounts personally - He cannot now take a ground that he is..........
Civil Procedure Code, 1908, Section 50 -- Execution - JD died subsequent to passing of decree and surety is on record and there is liability on the part of surety to pay the amount, it cannot be said that decree is a nullity and cannot be executed...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Stay was granted subject to condition of payment of rent/damages - However, trial Court did not grant any damages/rent in decree - Trial Court has only ordered that plaintiff is entitled to claim damages if possession of property is not delivered pursuant to said decree by way of filing a..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross examination - Permission sought when case was fixed for defendant's evidence - Defendant intends to further cross-examine PW1 on procedural aspects fixed by vendor of plaintiffs on various acts at the time of execution of sale deed - Said aspect came to knowledge of defendant on conclusion of..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - No resistance was offered by any purported stranger/encroacher to decree - In the absence of such resistance, executing Court had no occasion to invoke O.21.Rr.97 to 101 CPC at the instance of DH or otherwise...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - D.H. loosing possession - Execution petition cannot be dismissed by treating decree to be inexecutable - Rather Executing Court has to issue warrant of possession for delivery of possession and if any resistance is offered by any stranger to the decree, same is to be adjudicated upon in..........
Civil Procedure Code, 1908, Order 21, Rule 90(3) -- Execution - Auction sale - Setting aside - If there is non-compliance of mandatory provision of O.21.R.64 CPC, it cannot be said that failure of JD to question proclamation then and there would disentitle him from raising that question at post sale stage...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for injunction - Condition precedent for invoking provision of O.21.R.32 CPC is that Court should give a specific finding that J.D. had an opportunity to comply with the decree and despite such opportunity, he wilfully disobeyed the same...........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Agricultural land - Exemption from attachment - Mere existence of an agricultural land or that he is doing cultivation may not by itself bring him within sweep of S.60 CPC, unless he is wholly or principally depending on the income derived from such cultivation...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC filed after inordinate delay of about 7 years after putting in appearance by defendant in execution proceedings - No reason offered by defendant for not filing application for setting aside ex parte decree for a period of almost seven years - Order..........
