Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Civil imprisonment - Money decree - Executing Court has ordered civil imprisonment on account of failure of petitioner to honour decree for recovery of amount - However, Executing Court has not adverted to the fact that petitioner claims exemption u/s 60(1)(ccc) CPC - Impugned order set aside - Executing Court..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101 -- Execution - Third party objections - In absence of independent right to continue in possession, but on the basis of pendente lite transfer made by JD, appeals/objections to execution of decree cannot be entertained under provisions of O.21.Rr.97, 98, 101 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Application U.O.21.R.97 CPC is not maintainable at the instance of tenant who contested the proceedings as Judgment debtor...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Demarcation of property - Property was easily identifiable - There was no dispute regarding identity of property - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Filing of draft document i.e sale deed along with execution petition is not mandatory but merely directory - However, if decree holder chooses to file a draft document, either initially or at a later stage of execution proceedings, Court shall follow procedure U.O.21.R.34 CPC -..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Revision - Executing Court has power to stay execution proceedings only for a limited period of time in terms of O.21.R.26 CPC...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Before ordering detention of JD for execution of decree Court has to conduct enquiry as mandated U.O.21.R.40 CPC r/w S.51 CPC by recording a finding as to means of JD to satisfy the decree...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Burden is on DH to satisfy Court that JD despite having means to pay decreetal amount has failed to discharge liability under decree for Court to order for civil imprisonment - Order of civil imprisonment for not satisfying decree should be the last resort, as the same..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Claim applications have to be tried like a suit U.O.21.R.58 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Third party objections - Impugned order of rejection of application by Trial Court would disclose that no trial was conducted, no evidence was let in and no opportunity was given to petitioners to adduce evidence - Appendix of evidence was recorded as nil - Impugned order set aside - Matter remanded to trial..........
