Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 105, 106 -- Execution - Court sale - Procedure for consideration of application under R.97 or 99 even where it is by the decree holder, for removal of the obstruction to delivery of possession by J.D. or any person claiming under him, or by a third party, not claiming under the J.D. is governed by O.21.Rr.105 & 106 CPC..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - After amendment of CPC in 1976 if a suit challenging a decree of possession of property is entertained before commencement of the execution proceedings, and if the execution of that decree has ended in a Court sale or the plaintiff is already dispossessed, the claim raised has to be..........
Civil Procedure Code, 1908, Order 60(1)(c) -- Execution proceedings - Attachment of property - Exemption to agricultural labourers - Held, executing court held that judgment-debtor admitted that he is a tailor and that he is not entitled to benefits of S.60(1)(c) CPC - This is neither patently nor evident on record - Held, patently, the judgment-debtor is an agricultural..........
Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Execution sale - Setting aside of - Ex-parte decree which is basis of auction sale itself is vitiated on account of fraud played on Court as held by lower Court while setting aside the ex-parte decree - Held, auction sale ought to have been set aside...........
Civil Procedure Code, 1908, Section 52, Order 21, Rule 98 -- Execution of decree for possession - Lis pendens transferee from J.D. obstructed execution of decree - Held, lis pendente alienee from J.D. cannot call upon court to decide obstruction, like a suit - Purchaser pendente lite cannot raise challenge questioning legality of decree and propriety of Court in passing..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - A possible contention which could be raised in the suit cannot be raised in an application u/s 47 CPC - Questions that can be raised u/s 47 are those relating to execution, discharge and satisfaction of the decree...........
Haryana Co-operative Societies Act, 1984, Section 79, 80(3) -- Sale certificate - Delivery of possession - D.H. seeking execution of certificate of sale and delivery of possession issued by competent authority - Objection petition filed on the ground that Civil Court has no jurisdiction - Held, u/s 80 of the Act, if decree holder is equipped with sale certificate, he can..........
Civil Procedure Code, 1908, Order 20, Rule 1, 6 -- Decree for fixing boundary - Held, it takes within it the incidental rights of owner to put up a fence or boundary wall on the boundary so fixed by decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside of ex parte decree - Irregularity in service of summons - Held, if the party had notice of date of hearing, it is irrelevant whether service of summons was effected or not - In such circumstances, ex parte decree cannot be set aside even if it is established that there was irregularity in service of summons...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Grounds assailing the decree in second appeal not taken before first appellate Court - Such grounds cannot be raised in the second appeal...........
