Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Adjustment - Annulment of decree for specific performance - Money payable under decree paid out of Court settlement to decree holder - Application is not one u/o 21.R.2 CPC - Application is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 102, 103 -- Decree of possession - Execution - Rejection of objections - Death of J.D. during pendency of execution - Deceased never asserted property to be Joint Hindu Family Property - Objections that property was Joint Hindu Family Property not genuine - Appellants not third parties but transferees pendente lite -..........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Award of arbitrator - Fallibilities therein - Duty of executing Court - Held, a mere finding that contractor was entitled to benefits of escalation cannot obtain any enforceability - Executing Court could not have undertaken task of ascertaining amount which was payable to contractor if said amount was itself not determined..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32 -- Execution - Decree for mandatory injunction - Arrest and detention - Plea that clause (e) of S.51 can be applied only when clauses `a' to `d' are not applicable - Held, Executing Court can execute the decree in such other manner as the nature of relief granted may require...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32 -- Execution - Arrest and detention - None of the provisions of the Code empowers the executing court to direct the police to arrest and produce the respondent in execution of the decree - Warrant of arrest issued by executing court has to be enforced through its officer...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32 -- Execution - Request for assistance of police beyond territorial limits of jurisdiction of Court cannot be entertained...........
Civil Procedure Code, 1908, Order 21, Rule 90(2) -- Sale - Irregularity in sale - Setting aside of - Held, person not having saleable interest in property cannot raise question as to irregularities in sale U.O.21.R.90(2) CPC - It can be raised only by person who has got actual interest in property...........
Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Dismissal in default - Remedy to recall order is available U.O.21.R.106 - However, it does not mean that D.H. has no right to apply afresh if time permits - It is settled law that if two remedies are available, a party can choose anyone of them...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 106 -- Execution - Dismissal in default without going into merits - Subsequent application filed within time - Held, dismissal of first execution application in default without adjudicating any rights of the parties does not operate as res judicata...........
Civil Procedure Code, 1908, Section 37, 38, Order 21, Rule 32 -- Execution - Specific performance - Area where property situated transferred to another District - Held, Explanation to S.37 CPC provides that a Court of first instance does not cease to have jurisdiction to execute a decree merely on the ground that after the institution of the suit or after passing of the..........
