Civil Procedure Code, 1908, Section 47 -- Execution - Third party objections - Framing of issues - It is not necessary that in each and every case, irrespective of merits of objections, Executing Court is required to frame issues - After evaluating the objections and reply filed by parties, Court is required to form an opinion as to whether any triable issue is involved in..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court cannot examine the validity of order of Court which had allowed the execution of decree unless Court's order is itself without jurisdiction...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All the questions between parties can be decided by executing Court and these questions are limited to execution of decree - Executing Court can never go behind the decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Execution proceeding works in different stages - If JDs have failed to take an objection and have allowed preliminary stage to come to an end and matter has moved to next stage, JDs cannot raise objection subsequently and revert back to an earlier stage of the proceeding...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Last chance - Once Court grants last chance, it is not advisable to grant adjournment in the matter - This principle is applicable in full force in execution matters...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Application U.O.21.R.97 CPC can be dismissed in limine if obstructer fails to satisfy Court his prima facie right to show resistance to execution - Enquiry can be held only when executing Court finds that obstructor has got a semblance of right or interest which requires detailed enquiry..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Third party who has got interest in the property which is subject matter of execution proceeding can file an application U.O.21.R.97 CPC - However, there must be a decree for possession or an immovable property should have been attached and sold in the course of execution proceeding and..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Arbitration award - Objections u/s 47 CPC are not maintainable in proceedings for purposes of execution or enforceability of an arbitration award - But nonetheless objections raised by JD which do not touch upon merits of award or raise questions which cannot be raised u/s 34 of Arbitration and Conciliation..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Only a decree which is nullity can be subject matter of objection u/s 47 CPC - When there was no such inherent lack of jurisdiction application u/s 47 CPC is not maintainable...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Dispute regarding signatures has to be determined in the suit and not in execution proceedings - A plea not raised in the suit cannot be permitted to be raised in the execution proceedings...........
