Civil Procedure Code, 1908, Section 47, Order 21, Rule 15 -- Execution - Joint decree - Joint decree can be executed as a whole since it is not divisible and it can be executed in part only where the share of the decree holders are defined or those shares can be prescribed or the share is not is dispute as the executing Court cannot find out the shares of the decree..........
Consumer Protection Act, 1986, Section 17, 21, 11 -- Complaint filed - Subsequently civil suit filed - Complaint alleging deficiency of service by use of sub-standard material - Civil suit filed for claiming the price of the material supplied by it - Held, jurisdiction of consumer forum is not ousted when civil suit is filed during pendency of proceedings before consumer..........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Perpetual injunction - Enforcement - Condition precedent - It must be established that party against whom decree stands, had wilfully disobeyed decree inspite of having opportunity of obeying it - Without a clear finding on this issue, Court has no jurisdiction to pass order of attachment against J.D. - Order of..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Payment or adjustment of decree outside Court - D.H. or J.D. to approach Court for certifying the payment or adjustment - If payment or adjustment not certified the same would not be recognised by any Court executing the decree - Objections to this effect filed u/s 47 CPC are not maintainable and no investigation..........
Civil Procedure Code, 1908, Order 21, Rule 97(1) -- Execution - Objections by third party in possession - The same cannot be rejected on ground of maintainability - Orders passed by the two Courts below cannot be sustained - Direction to executing Court for expeditious disposal of petitioners application U.O.21.R.97(1) CPC...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Possession of suit property - Process server reported that a lock was put on the rooms, J.D. refused to surrender the keys of the locks as those were with his wife and as such process server put a seal on the locks - This amounts to taking possession by the Court itself but it does not amount to handing over..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 21 -- Execution of money decree - Mortgaged property ordered to be sold - Stay of sale - Revision - Revisional Court modifying rate of interest and waiving part of interest - Not correct - It is not open to High Court in revision arising out of execution proceedings to work out amount of loan due and payable by..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Resistance or obstruction by J.D. - The Executing Court can provide police help after determining the question under Rule 101 if raised under Rule 97 by making an order under Rule 100 and even detention of J.D. in Civil prison under Rule 98 - However, Executing Court cannot order police help unless..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 100, 101 -- Police assistance in execution of warrants of possession - Cannot be ordered unless application made by decree - holder under Rule 97 of Order 21 - Executing Court can only provide Police help after determining question under Rule 101 if raised under Rule 97 by making order under Rule 100...........
Civil Procedure Code, 1908, Order 22, Rule 4, Specific Relief Act, 1963, Section 12, 21 -- Agreement to sell - Death of vendor before filing suit - Suit for specific performance of contract and in the alternative for damages, filed against the legal representatives of the deceased vendor - Death of one of the defendants - Failure to bring on record the L.R's of the..........
