Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of property - Objection by JD as to attachment of property as it is mortgaged with bank - Objection not tenable as such objection can be raised by bank, the mortgagee of property, and secondly property cannot be refused to be attached on the mere ground that it is mortgaged...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of property - Objection by JDs that execution petition is premature - Objection rejected, as no such objection was raised by JDs during execution proceedings and said objection cannot be permitted to be raised before High Court in proceedings u/art 227 of Constitution...........
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25, Civil Procedure Code, 1908, Section 115 -- Execution - Objections - Revision - Executing Court decided objections on merits - Remand - Remand of case is necessary when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate..........
Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 52 -- Execution - Decree for specific performance - Objection by pendente lite transferee - Property sold during pendency of appeal, which is not permissible in view of bar created by doctrine of lis pendence and O.21.R.102 CPC - Pendente lite transferee thus, has no right and not..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceeding - Application dismissed by trial Court - Revision against same also dismissed by observing that application moved just to delay execution proceedings and even same is not maintainable at the instance of petitioner - Both the Courts below have recorded findings of fact and unless these findings..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections by vendee lis pendens - O.21.Rr.97 to 101 CPC is not applicable in case of vendee lis pendens, who purchased the property during pendency of suit...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections by vendee lis pendens - Petitioner purchased suit property after decree passed by civil Court, thus, he purchased the same on the basis of calculated risk - Objections filed by petitioner cannot be entertained, as all vague and frivolous objections need not be decided by following proper procedure in..........
Evidence Act, 1872, Section 65, Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution - Application for production of secondary evidence - Petitioners did not aver that the pre-conditions set out in S.66 of Evidence Act to produce secondary evidence were satisfied and originals of documents in issue were lost - No affidavit was filed in support of application -..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 15 -- Execution - Joint decree holders - One decree holder can file execution application for the benefit of all others...........
Civil Procedure Code, 1908, Section 47 -- Execution - Description of property - In the execution application, boundaries have been given - Objection regarding description of property rejected...........
