Civil Procedure Code, 1908, Section 96, Order 21, Rule 58(4) -- Sale of attached property - Objection as to - Held, Court dealing an objection or claim over property under attachment has two options left to it - Either it can reject such claim or objection at threshold as provided u/proviso to sub-r.(1) or determine such questions u/sub-r.(2) of R.58 - If Court declines to..........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 5, 11, 11A -- Attachment before judgment - Does not cease with passing of the decree - There is no need to seek a fresh attachment of land at the stage of execution of the decree...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution of decree - Objections of auction purchasers rejected - Period of 99 years of lease created through lease deed dated 23.11.1911 has expired on 22.11.2010 - Courts below had already held in favour of petitioner that auction purchaser would be having right till 22.10.2010 - Said period has already expired and as..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58, 97 -- Execution proceedings - Remedies available u/rr 58 and 97 of O.21 CPC - Scope of - Held, remedies are of limited scope - It is only when a person has no grievance about a decree to which he is a party, but only about execution thereof, that he can take recourse to such remedies...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58, 97 -- Auction sale - Setting aside - Separate suit - Party to original suit alone is precluded from instituting separate suit - A person who is brought on record as legal representative and that too at the stage of execution cannot be prohibited from instituting separate suit challenging sale conducted in..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections to attachment - Must be adjudicated by Court after holding an inquiry with regard to the respective claim put forward by the parties...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Execution petition closed - Application for amendment - Maintainability - Held, question of seeking amendment by filing an application U.O.6.R.17 CPC, whether in a suit, or in an execution petition, after the proceedings are terminated does not arise - It is only when..........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 34, Rule 4, 6 -- Money suit decreed - Attachment of mortgaged property - Application U.O.21.R.58 for lifting attachment - Decree for recovery of money passed as against the person and properties with a charge on attached property of judgment debtor - It is not a decree for sale of mortgaged..........
Civil Procedure Code, 1908, Section 64(2), Order 21, Rule 58, Registration Act, 1908, Section 47 -- Registration of sale deed after attachment but executed before attachment - No reliance can be placed on S.47 Registration Act which reads that registration relates back to date of execution of document in view of S.64(2) CPC which is very clear that registration of sale..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment of property - Objection - Sale deed of plot in question was executed in favour of petitioner - Before execution of sale deed, mother of plot owner filed suit for maintenance against her sons and sought charge upon agricultural land of sons which consisted of several plots - Ex parte decree passed in her favour and..........
