Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Auction sale - Ex parte order - Setting aside - Summon sent to JD's address was returned with remark that he was not residing at that old address - Summon has not been duly served upon JD - When there was no effective service on JD, Execution Court ought to have been issued a fresh notice rather than ordering..........
Civil Procedure Code, 1908, Order 21, Rule 22(1)(a) -- Execution - Application for execution, if filed within two years from the date of decree then notice is not required to be issued to the person against whom execution is applied or - Notice is necessary only upon expiry of two years from the date of decree...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Executing Court is required to issue a show cause notice calling upon JD with regard to payment of decretal amount, failing which JD was liable to be arrested...........
Civil Procedure Code, 1908, Section 47 -- - Execution of ex parte decree - Objections - Objection that no notice in the suit has been issued to defendant since address given in the suit is not the address of defendant and that it was an address where he had been living earlier - Defendant in occupation/carrying on business and notice not issued at such an address - Ex..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards getting sale deed executed -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs claiming to be in possession of property for the last 20 years - No document is on record as to ownership and title of plaintiff - Only one document i.e notice of encroachment was produced by plaintiff that too for the first time before High Court - Ration card shown by plaintiff also..........
Negotiable Instruments Act, 1881, Section 4, 118, Civil Procedure Code, 1908, Order 7, Rule 2 -- Suit for recovery on basis of promissory note - Presumption - Default in payment of loan borrowed by promisor/defendant despite issuance of legal notice - Plea of promisor/defendant that promisee/plaintiff fail to mention loan amount in his income tax return thereby he fail to..........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution of decree sought by assignees - Non-issuance of notice to original DH - Assignees not only purchased the property but they also holding deed of assignment of decree - They held, entitled to file execution petition - Non-issuance of notice to original DH, would not render the execution petition not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution of decree sought by assignees - Application for issuing of notice to original DH - Notice was issued by Court to JD but not to original DH - JD filed their objections, but fact remains that execution application not decided yet in either way - Assignees preferred an application of issuance of notice to original DH..........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution - Show cause notice U.O.21.R.22 CPC - When an application for execution is filed within 2 years of date of decree, no notice is required to be sent to JD...........
