Civil Procedure Code, 1908, Order 21, Rule 85, 90, Limitation Act, 1963, Article 136 -- Execution of decree - Limitation period - Within 12 years from the date when decree becomes enforceable - Held, it cannot be interpreted that execution proceedings would terminate if decree was not satisfied in 12 years from date of decree - It will continue till amount due is not..........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Execution - Detention in civil prison - Decree of perpetual injunction - Breach of decree - Other modes of complying the decree viz. to attach the property, providing an opportunity to the J.D. to obey the decree etc. not adhered to - Order of detention in civil prison can be passed as the last resort - Impugned order set..........
Civil Procedure Code, 1908, Section 151, 37, 38, 39, Order 21, Rule 99, 97 -- Transfer of execution petition - Ground of pecuniary jurisdiction - Locus standi - Legal heirs of defendant against whom execution petition was filed did not raise any objection with regard to jurisdiction of executing Court - Held, third party cannot raise question with regard to jurisdiction of..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Deposit required U.O.21.R.89(1)(a) and (b) has to be made by the applicant within 60 days from the date of sale...........
Civil Procedure Code, 1908, Order 21, Rule 89, 92(2) -- Auction sale - Setting aside - Deposit of amount within 60 days - Extension of time - Executing Court has no power to extend the time for deposit of amount except when there was clerical or arithmetical mistake in calculating the amount which was deposited...........
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of petition U.O.21.R.97 CPC - O.6.R.17 CPC not strictly applicable - Amendment allowed by exercising power u/ss 151 and 153 CPC considering that in terms of O.21.R.101 CPC such questions, if any, cannot be determined in a separate suit...........
Civil Procedure Code, 1908, Order 20, Rule 1, Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 1 -- Decree in partition suit - Decree has been passed in favour of person who is not a party to suit - Held, impugned judgment and decree set aside - Case sent back to trial Court to re-decide suit in accordance with law...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree - Suit for declaration and permanent injunction - Compromise decree - Execution petition filed by decree holder U.O.21.R.32 alleging that judgment debtor willfully disobeyed terms of compromise and Court orders - No specific averments made to show violation of compromise decree - Held, mere filing of two..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Disposal of objections of third party in a summary manner - Held, not proper - Executing Court is required to adjudicate upon claim of third party by considering relevant documents and relevant evidence...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Petitioners on basis of alleged sale deed moved impleadment application in proceedings - Application rejected - Petitioners neither decree holders nor auction purchasers - Petitioners have no right to make objection or application U.O.21.R.97 CPC - Petitioners themselves are responsible for creating..........
