Civil Procedure Code, 1908, Order 21, Rule 11, 22, Civil Procedure Code, 1908, Order 23, Rule 2, Limitation Act, 1963, Article 135, 136 -- Second execution petition - Execution allowed to be withdrawn and proceedings allowed to be kept intact for filing fresh execution petition - O.23.R.2 CPC and Article 135/136 Limitation Act not applicable to fresh execution petition...........
Civil Procedure Code, 1908, Order 21, Rule 41(2) -- Execution - Money decree - Court has jurisdiction to ascertain properties of J.D. if money decree remains unsatisfied for a period of 30 days - A direction can be issued on the application of decree holder...........
Civil Procedure Code, 1908, Order 21, Rule 6, Civil Procedure Code, 1908, Order 21, Rule 90 -- Transfer of decrees for execution - Omission to use prescribed format for issuing transfer certificates - Does not amount to any material irregularity within the meaning of O.21.R.90 of CPC and as such it could not be made a ground for dismissal of execution proceedings pending..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Execution - Objections - Disputes inter se between JDs cannot be adjudicated u/s 47 CPC or U.O.21.R.58 CPC...........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 21, Rule 58 -- Rejection of application U.O.21.R.58 CPC - Appeal thereagainst U.O.43.R.1 CPC - Not maintainable, in view of express provision of O.21.R.58(4) CPC, as only an Execution First Appeal would be maintainable...........
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 47, Order 21, Rule 97 -- Execution - Objections - Issues - Framing of issues and recording of evidence not essential in each case - Court can frame point of determination but such determination may or may not require recording of evidence - Executing Court, on the basis of the material available on record, coupled with the pleadings of..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Irregularities and infirmities - Applicant has to satisfy Court that he has suffered substantial injuries by such lacunae in the procedure, and Court is also required to record its satisfaction that applicant has sustained substantial injuries on account of such irregularities or lapses...........
Civil Procedure Code, 1908, Order 21, Rule 84 -- Auction sale - Deposit of 25% of purchase money - Payment by cheque - No irregularity, much less irregularity - Entire proceedings cannot be set at naught...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Police protection - Decree for permanent injunction - Police protection allowed by executing Court - Order set aside by High Court - Application not liable to be dismissed merely for the reason that it was filed u/s 151 CPC and not U.O.21.R.32 CPC - Order allowing police protection cannot be set..........
