Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Third party objections raising question of title and interest in the property attached - Not to be rejected summarily - Seriously disputed questions of fact specially where they relate to Court records, purchase of stamp papers or a plea of fraud should and ought to be normally determined after giving an..........
Civil Procedure Code, 1908, Section 64 -- Scope - Two essential factors which must co-exist to render a private transfer invalid or void are (1) Order of attachment (2) Thereafter private transaction of transfer or agreement to deliver the property...........
Civil Procedure Code, 1908, Order 21, Rule 58(1) -- Attachment of property -Objections - When question of title and interest is involved - The proceedings are somewhat similar to that of the suit - Cannot be permitted to be limited...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections -Agreement to sell in favour of objector executed prior to order of attachment -Suit for specific performance also pending in which an order of injunction passed restraining transfer of property - Objections to attachment filed without delay -Trial Court dismissed objections without affording a chance..........
Civil Procedure Code, 1908, Section 64 -- Private transfer - To render it invalid or void two factors must co-exist (1) Order of attachment (2) Thereafter private transaction of transfer or agreement to deliver the property - To come to this finding there must be reasonable and cogent evidence before the Court...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Conditional order passed for furnishing security and on failure to effect attachment - Time not fixed for furnishing security - Absence of party when bailiff went to spot - Conclusion as to failure to furnish security - Not justified as no opportunity given for the same - Held, attachment is void...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Decree for prohibitory injunction - Violation - Inspite of decree D.H. dispossessed - Restoration of possession cannot be ordered - Remedy is only by filing a fresh suit - Decree can only be executed U.O.21.R.32(1) by seeking arrest and attachment of property of J.D...........
Civil Procedure Code, 1908, Order 21, Rule 22, 54(1 -- A), 66(2) and 90 - Auction sale - Setting aside - Proceedings under Rule 90 are independent proceedings - Notice of execution given to J.D. under R.22 - Advocate appeared on his behalf and took adjournment to file counter but subsequently both J.D. and his counsel absent - Sale held ex parte - Property sold was..........
Civil Procedure Code, 1908, Section 9 -- Attachment of property under S.84 Criminal Procedure Code - Preferring a claim under S.84 is not exclusive but merely permissive - It is not compulsory for a third person to prefer a claim under S.84, but he can straightaway file a suit to set aside the sale proceedings. (Criminal Procedure Code, 1973, S.84)..........
Civil Procedure Code, 1908, Section 60 -- Residential house - Exemption from attachment - J.D. sold house to pay off her debts - D.H. got sale declared null and void in a civil suit - As a legal consequence thereof J.D. is owner-in-possession of the house - Held, J.D. is entitled to claim its exemption...........
