Civil Procedure Code, 1908, Order 21, Rule 54, 66 -- Execution - Auction - When a property is sold it is mandatory to serve notice upon the person whose property is sold - Sale of property without notice to its owner is nullity and all actions pursuant thereto are liable to be struck down/quashed...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Execution - Auction - Notice - Has to be personally affected on the J.D. - Valuation of property is required to be done under O.21.R.66(2) Proviso - The estimate of the value of the property is a material fact to enable the purchaser to know its value - It must be stated accurately and fairly as possible so that the..........
Civil Procedure Code, 1908, Order 12, Rule 2 -- Admission and denial of documents - Recovery of outstanding dues - Sanctioning of loan and execution of various loan documents including promissory note, deed of hypothecation and pledge of goods by bank - Default in repayment of loan by defendant no.1 - Demise of defendant No.2/guarantor during pendency of suit - Denial of..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Before granting police aid, notice to J.D. not issued - J.D. deprived of his right of resisting decree by putting forth defences available to him - Impugned order set aside...........
Civil Procedure Code, 1908, Section 47, 151, Order 9, Rule 6 -- No instructions - Pleaded by counsel - Notice to party - In the execution petition objections not filed and counsel pleaded no instructions, hence defence struck off - Notice was not required to be given to the party as no objection petition was pending on that date - Even in the application for recalling the..........
Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Execution - Money decree - Arrest and detention of J.D. - Notice for appearance issued - J.D. appeared through Advocate - Order issuing warrant of arrest upheld, as appearance contemplated is appearance in person and not through recognized agent or pleader...........
Civil Procedure Code, 1908, Section 151, 47, Order 21, Rule 90 -- Auction sale - Setting aside - J.D. filed application u/s 151 on ground of want of notice and misdescription of property - Objections not pressed during long pendency of litigation - Plea of J.D. that he came to know about execution proceedings only when delivery of warrant was issued - Not bona fide -..........
Civil Procedure Code, 1908, Order 34, Limitation Act, 1963, Article 61 -- Mortgage - Purchaser of equity of redemption - Original owner mortgaged suit property and mortgagee put in possession - Original owner sold 67 cents from the suit property to plaintiff by a registered sale deed with a recital that there is a mortgage and plaintiff had thus purchased the equity of..........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution petition filed within two years of passing of decree - Notice need not to be issued to J.D...........
Civil Procedure Code, 1908, Order 21, Rule 50, Civil Procedure Code, 1908, Order 30, Rule 6 -- Decree against firm - Can be executed against partner individually who had been served with notice of suit and had appeared in suit individually - Personal property of such partner when attached in execution of decree against firm and he not objecting to same then objection..........
