Civil Procedure Code, 1908, Order 21, Rule 11(2), 105, 106 -- Execution - Dismissal in default - Decree holder has remedy either to apply for setting aside the order or file a repeat application - Decree holder can file number of applications for execution of decree, till decree is satisfied...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Two decree holders out of five have sold their shares to petitioner and petitioner has become entitled to share in suit property to that extent - However, sale of share by two decree holders would not make decree in favour of other decree holders redundant or inexecutable - Indeed, other decree holder have right..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Delivery of possession - Limitation for filing an application for delivery of possession is one year, which begins to run when sale becomes absolute and not when sale is confirmed...........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Limitation of one year to file application U.O.21.R.95 CPC for delivery of possession begins to run when sale becomes absolute and not when sale is confirmed - In the instant case High Court in revision granted stay of further proceedings in the execution petition - Revision..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Section 15(1) -- Auction sale - Delivery of possession - Applicability of S.15(1) of Limitation Act to an application filed U.O.21.R.95 CPC - Question left open...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Relevancy of document - Court to form its opinion on the relevancy of document at the time of final judgment of the case...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32(1), 32(3), 32(5) -- Execution - Decree of permanent injunction - Disobedience - Order of attachment of JD's properties passed without finding that JD has willfully disobeyed the decree - Said order is violative of provision of O.21.R.32 CPC - No opportunity was granted to JD and Court passed order of attachment..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97 -- Execution - Eviction - Plea of ownership - Not maintainable as executing court cannot decide title in regard to the parties in the proceedings for eviction of a tenant...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97 -- Execution - Eviction - Plea of ownership - Suit already pending with regard to legal status wherein decree holder also impleaded as a party - Said suit shall take its own course - Moreover, it is surprising that in execution proceedings relating to eviction decree, how could the petitioner be declared to be..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - All objections in terms of O.21.R.97 CPC are not necessarily to be decided by way of following proper procedure - Any frivolous objection cannot be decided by way of adopting procedure of framing issues and allowing the parties to lead evidence just to delay execution of decree in question...........
