Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - When operation of specific orders directing furnishing of bank guarantee and issuing conditional warrants of arrest were passed, there was no blanket stay granted on continuation of execution proceedings - Executing Court, therefore, was fully competent to proceed further with execution and to issue..........
Civil Procedure Code, 1908, Order 21, Rule 43 -- Execution - Attachment of bank account - Bank account of Judgment Debtor cannot be attached anywhere by way of digital banking - First of all it is to be seen that where the property of JD is situated...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Third party objections - Decree for specific performance - Relief sought for by petitioner is the same relief which was earlier sought by him in suit for declaration and in application for temporary injunction which already stood rejected on merits - Even, other siblings of..........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Decree holder himself need not make an application for getting decree executed - Same may be moved by some other person proved to satisfaction of Court who is well acquainted with facts of case and application contains in a tabular form, the particulars enumerated in O.21.R.11(2) Clauses (a) to Clause (j)...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Signing and verification of execution application cannot be equated with that of verification of pleading as mandated U.O.6.R.15 CPC - Application for execution of decree can be moved by signing and verifying either by decree holder or by some other person proved to satisfaction of Court to be acquainted with..........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Application filed U.O.21.R.31 CPC cannot be decided on the basis of evidence led in an application filed U.O.21.R.32 CPC when High Court in an earlier order had directed that evidence led by applicant in the application filed U.O.21.R.32 CPC could not be looked into while deciding application U.O.21.R.31 CPC...........
Civil Procedure Code, 1908, Section 11, Order 21 -- Execution - Dropping of proceedings - Where execution proceedings are dropped on the ground of any technicality, DH is not precluded under law to file a fresh application for execution providing correct particulars for making execution petition executable...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Money decree - Executing Court dropped the execution proceedings on the ground of technicality, without providing any opportunity to petitioner to supply required particulars of properties indicated in application for execution in compliance with provisions of O.21.R.11(2) CPC - Impugned order not sustainable -..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Money decree - Claim petitioner sought to resist execution relying on an unregistered non-possessory agreement executed subsequent to attachment, would not confer any right, title or interest to claim petitioner in suit property to resist execution - Claim petition rightly rejected...........
Civil Procedure Code, 1908, Section 60(i), Order 21, Rule 48 -- Execution - Attachment of salary of Judgment Debtor - Executing Court while directing attachment of salary of JD failed to consider provisions of S.60(i) CPC, which specifically governs manner and extent of attachment of salary - Order of attachment of salary of JD, set aside - Executing Court directed to..........
