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 2 -- Contemplates a stage in execution proceedings when matter lies only between judgment- debtor and decree-holder and no other interests have come into being - Once a sale effected a third party's interest intervenes which cannot be disregarded - Court cannot refuse to confirm a sale duly held on the ground that decree-holder..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Exemption of residential house of judgment - debtor from sale in execution of decree - Portion of house which is on lease with a tenant - Not exempt from attachment and sale.
- clause (ccc) of proviso to sub - section (1) of Section 60 of the Code of Civil Procedure gives protection to judgment - debtor that the..........
Specific Relief Act, 1963, Section 42 -- Suit for declaration - Creditor having an order of attachment before judgment in the suit filed by him can question validity of transfer made by debtor in respect of same property to another - Held, suit filed by appellant who obtained attachment before judgment for declaration that decree obtained by second defendant against first..........
