Civil Procedure Code, 1908, Order 21, Rule 32 -- Order of attachment of property or detention in civil prison - Can be passed only against judgment debtor - Not a third party - Sale made in disobedience of decree of injunction - No jurisdiction to set aside under Order 21 Rule 32...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Proceedings under- Not meant to punish judgment-debtor for disobedience of decree - Judgment - debtor if renders himself incapable of performing decree - No action under Rule 32 can be taken by way of punishment of judgment-debtor - Land since been sold respecting which a decree for permanent injunction passed restraining..........
Civil Procedure Code, 1908, Section 64, Order 38, Rule 10 -- Agreement to sell - Advance paid - Attachment before execution of sale deed - Attachment would not render the subsequent sale void - Sale will stand but with charge regarding the purchase price which remained unpaid on the date of attachment...........
Civil Procedure Code, 1908, Section 64, Order 38, Rule 10, Transfer of Property Act, 1882, Section 40, 54 -- Contract for sale of property - subsequent attachment before Judgment of the same property - it is the contract for sale which prevails over the attachment...........
Punjab Co-operative Societies Act, 1961, Section 65, 55 -- Order of attachment under Section 65 - Can be passed only when reference under Section 55 is made - Assistant Registrar exercising powers of Registrar passed order under Section 65 for conditional attachment of immoveable property of members of Co-operative Society on the ground that a dispute in regard of..........
Civil Procedure Code, 1908, Order 21, Rule 103, 99, 63, 58 -- No order of Court for attachment of property - Property sold in execution of decree belonged not to judgment-debtor but to third party (judgment-debtor sold property about a year and half earlier) - On date of auction property belonged to third party and not to judgment-debtor - Bar of Order 21 Rule 63 does not..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Maintainability of suit after dismissal of objections as to attachment of suit property in execution of decree - Plaintiff must prove that objections filed earlier not entertained because same designedly or unnecessarily delayed - Executing Court dismissed first objection petition not on the ground of designedly or..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Objections by third persons to attachment of property in execution of a decree - Maintainable - Should be decided under said provisions and not by a separate suit...........
Punjab Tenancy Act, 1887, Section 88, 77 -- Execution by Revenue Authorities of decree passed by Assistant Collector under Section 77 - Section 88 leaves no scope for doubt that provisions of Code of Civil Procedure applicable to execution of decree passed in a civil suit by a Revenue Court under Section 77 - Main and only residential house not liable to attachment or sale..........
Civil Procedure Code, 1908, Section 11, 60 - - Benefit conferred by provisions of Section 60(1)(ccc) - Cannot be voluntarily or otherwise parted with - Principles of res judicata not applicable to exemption under Section 60(1)(ccc) - Second application against execution raising objection that house attached being main residential house exempt from attachment in spite of..........
