Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Framing of issues and providing opportunity to parties to lead evidenced - Not necessary when there are no issues or material aspects to be adjudicated upon and objections are vague, fluid and non clinching and moreso when no supporting material or revenue documents are placed on record...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment of property - Executing Court cannot levy warrant of attachment on the property which is already sold prior to such claim made by the decree holder...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Executing Court cannot decide the validity of sale of property effected by virtue of a decree passed by another Court while deciding the application U.O.21.R.58 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - If executing Court refuses to entertain any claim or objection in view of provisions of O.21.R.58(5) CPC, remedy of such party whose claim or objection is refused by executing Court U.O.21.R.58(1) proviso CPC, would be to file a suit to establish the right which such claimant or objector claims to..........
Civil Procedure Code, 1908, Order 21, Rule 58, 97, 98, 99, 100, 101, 102, 103, 104 -- Execution - Objections - All questions raised by objector have to be comprehensively considered on their merits - O.21.R.103 CPC ordains that where any application has been adjudicated upon u/r 98 or R.100, order made thereon shall have same force and be subject to same conditions as to..........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 9, Rule 8 -- Execution - Claim petition - Dismissal in default - Fresh petition is not maintainable when claim petition is dismissed in default as O.9.R.8 CPC is applicable to a claim petition...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment of property - Claim petition - An attachment order in execution petition in respect of property disables the owner thereof to sell it in favour of third parties and if it is proved that sale of property took place with the knowledge of attachment, it can certainly be ignored by executing court in the..........
Civil Procedure Code, 1908, Order 21, Rule 58(1)(a) -- Execution - Attachment of property - Saleable interest - When property attached was already sold prior to attachment, the owner thereof does not hold any saleable interest therein and any attachment made in execution petition filed in respect of such property is futile...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objections - Not mandatory to frame issues and to allow parties to lead evidence - If from documentary evidence fact situation becomes crystal clear then court is not required to record formal or oral evidence while determining objections U.O.21.R.58 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 58(1) -- Proviso (a) - Sale of attached property - Objection as to - When Court sale was to be conducted on 08.12.1995 KSFC had filed objections inter alia contending that it had charge over property attached - Sale was not held on said date and sale came to be postponed - In other words, sale was not concluded and confirmation of..........
