Civil Procedure Code, 1908, Order 21, Rule 38 -- Non payment of decretal amount by judgment debtor - Order of arrest - Challenge thereto - Despite lapse of six years, judgment debtor has not chosen to pay even a single rupee by way of discharging the debt - As such, cumulatively if the evidence on record is viewed it is clear that he had means to discharge the decretal..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 11 -- Money decree - Execution - Objection - Petitioner nowhere in his petition u/s 47 stated that the Executing Court has had no jurisdiction or the ground why the decree cannot be executed - Rather he raised the question of only procedural defect - Held, procedural defect itself cannot be a ground for denying the..........
Civil Procedure Code, 1908, Order 21, Rule 84 -- Auction sale - Deposit of bid amount - Sale-Ameen directed the auctioner-purchaser to deposit 25% of amount on the same day - Despite such direction 25% of amount was neither deposited nor paid - No material on record to substantiate the claim of auctio, purchaser that his offer to deposit/pay the required amount was not..........
Civil Procedure Code, 1908, Section 100, Order 21, Rule 97, 101 -- Execution - Third party objections - Order passed - It is in the nature of a decree against which appeal and not revision lies...........
Civil Procedure Code, 1908, Section 100, Order 21, Rule 97, 101 -- Execution - Third party objections - A person that causes obstruction and wants an adjudication that his possession shall not be disturbed, he is bound to establish his title...........
Civil Procedure Code, 1908, Order 21, Rule 35, Easements Act, 1882, Section 13 -- Order for opening of way - Execution of - Entitlement to - Private respondents are the heirs of "J" and "V" who were indeed impleaded as party respondents before High Court - Held, they have locus standi to file the application for execution...........
Civil Procedure Code, 1908, Order 21, Rule 35, Easements Act, 1882, Section 13 -- Order for opening of way - Application for execution - Limitation - Enforceability of the order dated 22.01.1996 was finally pronounced in order dated 15.09.2009 passed by High Court - Application for execution filed on 04.10.2010 - Held, it cannot be considered barred by limitation...........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 5, 11, 11A -- Attachment before judgment - Does not cease with passing of the decree - There is no need to seek a fresh attachment of land at the stage of execution of the decree...........
Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 19, Civil Procedure Code, 1908, Order 21, Rule 99 - - Partition suit - Final decree - Execution proceedings - Right of re-entry against tenant - Held, once execution court comes to the conclusion that claimants are indeed lessees it may not be correct or legal for Court to proceed..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 103 -..........
