Civil Procedure Code, 1908, Order 21, Rule 66, 64 -- Sale - Where sale of part of property alone would be sufficient to meet decree debt, then, only said part of property is to be sold as per O.21.R.66 CPC - If sale proceedings are proceeded with by execution Court in violation of provisions contained in O.21.R.66 CPC, then it would amount to deprivation of property of JD..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - It is obligatory on the part of Court to arrive at an opinion that a local investigation is requisite or proper for purpose of elucidating any matter in dispute - When this expression is occurring Court below is not right in just writing that no prejudice would be caused to opposite party..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non-filing of written statement within prescribed period - Striking off defence - Written statement filed after 3 years and 8 months which is beyond 30 days prescribed under the Code which could be extended upto 90 days from date of issue of summons - Thus, it shows that defendants wanted to linger on the..........
Civil Procedure Code, 1908, Section 60(1)(g) -- Execution - Attachment - Earned leave encashment amount - Not stipend or gratuity - Earned Leave Encashment can be attached...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - An order of attachment before judgment is a harsh step and same cannot be resorted to in a routine manner - Power U.O.38.R.5 CPC is a drastic and extra ordinary power and such power should not be exercise mechanically or merely for the asking - Court should be satisfied about existence of a prima..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 54 -- Execution - Attachment of property - Decree passed creating charge over property - Attachment of property in execution is not necessary - Decree holder is entitled to straight away proceed in execution for realization of the amount due by sale of the property...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Notice U.O.21.R.66 CPC - Notice is mandatory - Absence of plea regarding non compliance of O.21.R.66 CPC - Evidence in support thereof adduced before the Court can be overlooked and no relief can be granted...........
Civil Procedure Code, 1908, Section 115 -- Call for records - Jurisdiction - High Court can call for records from any subordinate Court and interfere with the orders, if Court below failed to exercise jurisdiction so vested in it or to exercise jurisdiction not vested by any law or to have acted in exercise of jurisdiction illegally or material irregularity...........
Civil Procedure Code, 1908, Order 8, Rule 1A, Civil Procedure Code, 1908, Order 13, Rule 1, 3, 4, 6, Civil Procedure Code, 1908, Section 151 -- Provisions of O.8.R.1-A, O.13.Rr.1, 3, 4, 6 CPC are directory in nature and not mandatory - No litigant can be no, suited on account of not strictly following said provisions...........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Exhibition of a document - A document filed by a party and exhibited by Court do not become part of original record at the time of its production, rather it becomes part of record after its formal proof...........
