Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Property situated at Jaipur - Execution petition filed at Jaipur - Order directing to furnish transfer certificate set aside - Executing Court directed to decide execution application...........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution - Show cause notice U.O.21.R.22 CPC - When notice was issued U.O.21.R.22 CPC to JDs, counter filed by them has to be considered before passing proceeding further in execution petition...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 54 -- Execution - Objections - Attachment of property - Petitioner No.1/JD died after decree was passed jointly against her and petitioner No.2 - LRs of petitioner No.1 were not added to execution petition - LRs of petitioner No.1 are proper and necessary parties - Executing Court erred in passing impugned order of..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 95 -- Execution - Objections - Once objections filed by JD are dismissed by Executing Court and same have attained finality, JD had no locus standi to file any further objections - Auction purchaser who had purchased property in auction, had stepped into the shoes of DH and had every right to further seek possession,..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Merely because a decree of specific performance can be executed within 12 years from date of original decree or from the date appellate Court affirms such decree that by itself, does not mean that a decree holder deposits the balance sale consideration at his own sweet will -..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Eviction suit - Petitioners are sub-tenants of original tenant - Suit is between landlord and tenant - Petitioners cannot take shelter of O.21.R.97 CPC to raise objection against execution of decree passed in favour of plaintiff - Even, O.21.R.101 CPC has no applicability as..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 99, 101 -- Execution - Objections - Allotment of plot - Petitioners are the persons who are likely to be effected by execution of order of allotment of plot passed by co-operative Court - They are required to be heard in the matter - Application allowed to the extent of permitting petitioners to join as party to..........
Civil Procedure Code, 1908, Order 21, Rule 97, 102, 103 -- Execution - Objection by transferee pendente lite - Adjudication of objections raised by transferee pendente lite U.O.21.R.97 CPC itself is not maintainable - Accordingly, no appeal shall lie against the same, as it would not constitute a decree U.O.21.R.103 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Proceedings of title suit and execution are pending before two different Courts - Condition precedent for stay of execution proceedings U.O.21.R.29 CPC is that two proceedings should be pending before same Court - Application U.O.21.R.29 CPC rightly dismissed...........
Civil Procedure Code, 1908, Section 51Proviso, Order 21, Rule 37 -- Execution - Money decree - Conditional warrant of arrest - Court must record its satisfaction as per S.51 Proviso CPC that JD with the object of obstructing or delaying the execution proceedings was likely to abscond, leave the local limits or after the institution of suit dishonestly transferred,..........
