Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Money decree - Auction of property of JD in execution of decree - JD filing application for setting aside sale U.O.21.R.90 CPC - Application dismissed - Held, JD can challenge the sale u/s 47 of the Code even after dismissal of petition U.O.21.R.90 of the Code...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 72, 90 -- Suit for recovery of mortgaged money - Suit decreed - Mortgagor selling property after the decree - Held, transferees of Judgment Debtor subsequent decree can raise objection against execution of decree u/s 47 of the Code, they being representative of the JD...........
Civil Procedure Code, 1908, Order 47 -- Order 47 Rule 1 CPC does not preclude the High Court or a Court to take into consideration any subsequent event - If imparting of justice in a given situation is the goal of the judiciary, the Court may take into consideration (of course on rare occasions) the subsequent events...........
Civil Procedure Code, 1908, Section 9, 47, Order 21, Rule 97, 99, 101 -- Suit for possession - Possession taken by defendants in execution of decree - Availing remedy U.O.21.Rr.97, 99 & 101 and S.47 is permissible...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 99, 101 -- Rule applies to person other than judgment debtor who is dispossessed - In the decree, judgment debtor being plaintiff, Rule 99 does not apply - Consequently, there is no question of applicability of Rule 101 further...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - No limitation is prescribed for filing objections u/s 47 CPC...........
Civil Procedure Code, 1908, Section 115, 47 -- "Other proceedings" - Expression in S.115 - Includes proceedings u/s 47 of the Code - Revision against order rejecting objections u/s 47 CPC is maintainable...........
Civil Procedure Code, 1908, Section 47, 34 -- Execution - Interest - From date of decree to date of realisation - When interest is not granted in the decree, Executing court has no power to grant the interest...........
Civil Procedure Code, 1908, Section 47, 51, Order 21, Rule 32 -- Decree for prohibitory or mandatory injunction - Act required to be done not enforceable specifically or an act done in violation cannot be undone - Recourse can be had to O.21.R.32(3) or O.21.R.32(5) - Compensation can be awarded U.O.21.R.32(3) though decree is silent about it - Executing court has wide..........
Civil Procedure Code, 1908, Section 47 -- Decree - Execution - Collusive decree or decree obtained by suppression of fact - Not executable against those who were not parties to the suit...........
