Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Decree attained finality - Decree for permanent injunction can be executed where D.H. is dispossessed and Executing Court is within its jurisdiction to direct recovery of possession...........
Civil Procedure Code, 1908, Section 34 -- Interest - Objection regarding interest in terms of S.34 CPC can be raised even at the stage of execution...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17 -- Amendment of execution petition - Quoting of wrong provision of law - DHs filed amendment application U.O.6.R.17 CPC instead of O.21.R.17 CPC - If Court has power, only use of wrong nomenclature in petition such power cannot be taken away - Thus, in all intents and purposes,..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17 -- Amendment of execution petition - Suit for eviction, arrears of house rent and damages decreed - Appellate Court confirmed decree of eviction but modified arrears of rent - DHs thereafter filed amendment application to incorporate mathematical calculation of arrears of rent - If..........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Third party objections - Person inducted as tenant, in the suit premises, during pendency of proceedings - Such person has no right to be heard, by Executing Court, before delivery of possession - Execution Court directed to proceed execution proceedings and issue necessary police aid for effecting delivery of..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101 -- Execution - Objections by stranger - Plea of limitation U.O.21.Rr.97, 100, 103 CPC cannot be raised by stranger obstructionist as such plea is only available to JD...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Suit for possession by Trust - Where execution petition preferred by Secretary of DH/Trust was proper and legal, it was not necessary for DH to have signed execution petition...........
Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution proceedings - Once judgment and decree passed in favour of predecessor-i, interest of DH has attained finality, execution of same cannot be stayed simply because another civil suit stands filed now by JDs for declaration and injunction against DH, that too same issue agitated which issue already stands..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A, Evidence Act, 1872, Section 45 -- Appointment of Advocate Commissioner - Comparison of signatures on documents in question and sending same to an expert - Purpose of appointment of Advocate Commissioner is only to get photographs of signatures contained in documents and to send it for expert opinion - Documents..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - JD contended that DH by playing fraud on Court obtained decree, thus, decree is not executable and proceedings in execution case be stayed till disposal of suit instituted by JD against DH - However, detail particulars of fraud have not been stated in plaint as per O.6.R.4 CPC - Mere..........
