Civil Procedure Code, 1908, Order 21, Rule 11, Civil Procedure Code, 1908, Order 22, Rule 4 -- Execution - Eviction order - Death of original tenant - Impleadment of all legal heirs not necessary - Tenancy devolves on legal heirs as joint tenants, therefore, even when only one of legal heirs of deceased tenant, who is in possession of property is impleaded in execution..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Civil imprisonment - Without deciding objections - Held, Executing Court is required to dispose of objections before taking the drastic step...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Civil imprisonment - Executing Court is required to issue a show cause notice calling upon JD to appear and to show cause as to why he should not be put into civil prison - However, Court can dispense with issuance of notice when Court is satisfied by an affidavit or otherwise that with the object..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Execution - Third party objections - Framing of issues - Court is not obligated to follow regular procedure in every false and frivolous objections - Issues are not to be framed in every unfounded, false and frivolous objections filed by someone in execution of a decree - Order dismissing objections, upheld...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Application U.O.21.R.35 CPC - Not maintainable at the instance of third party...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objection by third party - Petitioner does not claim to be in actual possession of decretal property, thus she cannot file an objection U.O.21.R.97 CPC - Even if petitioner is in possession of property, she cannot otherwise maintain such application after dismissal of her objections being a third party -..........
Civil Procedure Code, 1908, Order 21, Rule 92 -- Auction sale - Death of JD before confirmation of sale - Once JD was alive at the time of sale, subsequent death of JD before confirmation and omission to bring Lrs of JD for confirmation does not affect validity of confirmation of sale, as it dates back to date of sale, even when confirmation is at a later date...........
Civil Procedure Code, 1908, Order 43, Rule 1(j), Civil Procedure Code, 1908, Order 21, Rule 92 -- Appeal - Order of confirmation of sale in execution proceedings - Does not fall within the scope and ambit of O.21.R.92 CPC, particularly when such order nowhere discloses that any application was made and it was disallowed, thus not appealable U.O.43.R.1(j) CPC...........
Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Auction sale - JD not questioned the process of attachment or sale/auction on any grounds contained in O.21.R.90 CPC or any other Rule - Order of confirmation of sale was passed - JD held, caught by estoppel and waiver and cannot now question the process of attachment and auction of property...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58, 59 -- Auction sale - Objections - Sale of property on lower price in view of fact that DH and JDs failed to bring best buyer, who would have paid the amount more than what the highest auction purchaser had paid despite granting opportunities cannot be said to be a material irregularity - Objections raised by..........
