Civil Procedure Code, 1908, Section 21, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction - Principle of S.21 CPC applies to an application U.O.7.R.11 CPC - However, such objection has to be moved at the earliest - Even if there is no limitation prescribed, in the light of S.21 CPC it is required on the part of petitioners to raise objection at the earliest..........
Rajasthan Rent Control Act, 2001, Section 21(3)(H), Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction petition - Impleadment of a party - In eviction matters, third party title cannot be decided - `R' was impleaded on ground that he was in possession of shop, eviction of which was sought - Petitioner not found to be a proper and necessary party and he was not..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Scope - O.21.R.32 CPC deals with twin situation (i) regarding execution of decree and if decree of injunctions is otherwise not executable then to resort to civil imprisonment or attachment of property of judgment debtor; (ii) violation of decree passed by trial Court - To claim any violation of decree specific..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Objections - Plea of petitioner is that to seek execution of decree qua restoration of possession in his favour, decree holder was supposed to plead specifically as to when and in what manner he has been dispossessed - Plea held, not tenable as O.21.R.32(5) CPC does not prescribe any such condition, rather..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - In execution of a decree for injunction even restoration of possession can be ordered by Executing Court...........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Objections - Plea of petitioner is that there are no specific pleadings qua dispossession of decree holder by petitioner - Plea held, not tenable as executing Court has proceeded to issue warrants of possession for restoration of the same only having been satisfied that possession is not with decree holder and..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - If in execution of a decree Court finds that judgment debtor has been dispossessed, Executing Court can issue warrants of restoration of possession...........
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...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 90.5 gms heroin - Quantity recovered is less than commercial quantity as per notification applicable but greater than small quantity - Rigors of S.37 of NDPS Act thus, not applicable - Petitioner is in custody since Mar 2019, he is a Nigerian..........
Civil Procedure Code, 1908, Section 47, 21 -- Execution - Objection as to jurisdiction - Objection not taken by tenant in his written statement - Said objection as to jurisdiction of Court cannot be taken at a later stage - Even otherwise, said objection is not sustainable - Executing Court erred in allowing objection - Impugned order of Executing Court set aside...........
