Civil Procedure Code, 1908, Section 54 -- Consent decree for partition - Sent to Collector for execution - Thereafter Civil Court does not become functuous officio - Civil Court can see if Collector had acted in accordance or contrary to decretal mandate...........
Civil Procedure Code, 1908, Order 41, Rule 22(4), Land Acquisition Act, 1894, Section 54(2) -- Cross objections - Court can hear and determine cross objections even when original appeal in which cross objections are filed, has been dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 54, 55, 58 -- Attachment order - Withdrawal or varying the attachment order - Without determination of the questions U.O.21.R.58(2) Court has no jurisdiction to pass any order varying the orders of attachment...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Mortgage debt - Attachment of property for that purpose - Contention that there is no requirement of attaching the property because the property is already subject to charge and attachment is wholly unnecessary - Held, mortgage and attachment operate in different fields - Property has to be attached before sale for..........
Civil Procedure Code, 1908, Order 21, Rule 54, Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - In execution no separate attachment is necessary when property was attached before judgment...........
Civil Procedure Code, 1908, Order 21, Rule 66, 54 -- Notice under O.21.R.66(2) to J.D. before settling sale proclamation not necessary when once O.21.R.54 is complied with by issuing notice at the stage of attachment to furnish value of the property for settling sale proclamation...........
Civil Procedure Code, 1908, Mental Health Act, 1987, Section 52, 53, 54, 55 -- Mentally retarded person - Rent Control Authority appointed father of the person as guardian and next friend under O.32.R.1 r/w R.15 - Order is valid - Provisions of Sections 52 to 55 of Mental Health Act, 1987, are not applicable...........
Civil Procedure Code, 1908, Order 21, Rule 52(1), 54(2), 58, 59, 66, 67, 89, 90 -- Money decree - Property attached and sold - Sales Tax and Purchase Tax due against J.D. - Subsequently State attaching the same property - Whether valid? - Petitioner purchasing property in auction sale in execution of money decree on 16.2.1982 - Sale confirmed on 25.3.1982 - Sale..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Determination of share in joint land and for possession of determined share-Partition allowed by Revenue Officer-Possession not delivered after expiry of three years from date of issuance of instrument of partition in view of Section 122 Punjab Land Revenue Act-Suit for separate possession decreed by trial Court..........
Civil Procedure Code, 1908, Order 21, Rule 22, 54(1 -- A), 66(2) and 90 - Auction sale - Setting aside - Proceedings under Rule 90 are independent proceedings - Notice of execution given to J.D. under R.22 - Advocate appeared on his behalf and took adjournment to file counter but subsequently both J.D. and his counsel absent - Sale held ex parte - Property sold was..........
