Civil Procedure Code, 1908, Order 21, Rule 58 -- Auction sale - Objections raised U.O.21.R.58 CPC after confirmation of sale - Not maintainable in view of express bar created U.O.21.R.58(1) Proviso (a) CPC...........
Civil Procedure Code, 1908, Section 96, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58 -- Appeal against decree by a person, who is not party to the suit, but his property is ordered to be attached by order U.O.38.R.5 CPC - Appeal at his instance is not maintainable as he is not an aggrieved person - Appropriate remedy lies U.O.21.R.58 CPC by filing a..........
Civil Procedure Code, 1908, Order 21, Rule 58.S -- Execution - Attachment of property - Third party objections - Proper enquiry needs to be conducted in a claim petition filed by a third party and the same cannot be summarily disposed of - Court below dismissed the claim petition not only U.O.21.R.58(1) Proviso (b) CPC but also on merits, without there being any enquiry as..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Execution - Third party objections - Framing of issues - Court is not obligated to follow regular procedure in every false and frivolous objections - Issues are not to be framed in every unfounded, false and frivolous objections filed by someone in execution of a decree - Order dismissing objections, upheld...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58, 59 -- Auction sale - Objections - Sale of property on lower price in view of fact that DH and JDs failed to bring best buyer, who would have paid the amount more than what the highest auction purchaser had paid despite granting opportunities cannot be said to be a material irregularity - Objections raised by..........
Civil Procedure Code, 1908, Order 21, Rule 58, 102 -- Execution - Registered sale deed - Specific performance, decreed - Objection to execution raised by purchaser pendente lite - Maintainability - Even though purchaser was not party to suit, but by virtue of provisions of S.52 of TPA, 1882 he is bound by decree passed by trial Court - Thus, a purchaser of suit property..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections - Alienation of property to daughter on the basis of MOU and unregistered agreement - MOU and agreement collusive and in order to defeat execution proceedings - High Court erred in law in setting aside the attachment - Appellant is free to carry out the execution and to realize the amount from the..........
Civil Procedure Code, 1908, Order 21, Rule 58 - - Execution - Claim petition - Executing Court cannot entertain claim petition if execution proceedings have culminated in sale of attached property and a sale certificate is issued by executing Court...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58 -- Attachment - Objections - Framing of issues - Though, it is not necessary to frame issues in all cases requiring adjudication of objection petition U.21.R.58 CPC, but as third party claims right, title and interest in attached property in its own right as owner, the decision of such objections not to be decided..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58 -- Execution - Attachment of property - Objections by third party claiming right, title and interest in attached property - Prima facie appears to have no link with JDs - Opportunity not granted to parties to produce material evidence in support of their respective pleas - Impugned order dismissing objection..........
