Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Petitioners remained unsuccessful in an application U.O.1.R.10 CPC - Once order rejecting application U.O.1.R.10 CPC is accepted by petitioners they cannot resist execution in question in any manner...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution of decree - Suit for Partition - Objections - When a party to suit, who is wrongly impleaded and has not raised any claim in respect of subject-matter of the suit, if found at the end of the trial, to be unnecessary party, then he cannot be said to be a party to the suit for the purpose of S.47 CPC -..........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Third party objections - Person inducted as tenant, in the suit premises, during pendency of proceedings - Such person has no right to be heard, by Executing Court, before delivery of possession - Execution Court directed to proceed execution proceedings and issue necessary police aid for effecting delivery of..........
Civil Procedure Code, 1908, Order 21, Rule 97, 103 -- Execution - Third party objections - Order U.O.21.R.97 CPC amounts to deemed decree within meaning of O.21.R.103 CPC and it shall be subject to same condition as to an appeal or otherwise as if it were a decree...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Suit for specific performance - Petitioner resisted delivery of possession in pursuant of sale deed obtained by DHs in suit on the ground that defendants had no title in suit property - Executing Court decided the issue in favour of petitioner, and returned finding that father of..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 36 -- Execution - Decree for specific performance - Objections by third party in execution of a decree for specific performance - Not maintainable - Third party cannot inter meddle by raising objections u/s 47 CPC...........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Objection with regard to no, joinder of necessary party is not maintainable at the stage of execution as what can be inherited can be bequeathed also...........
Civil Procedure Code, 1908, Order 41, Rule 22, Limitation Act, 1963, Section 5 -- Appeal - Cross-objections - Limitation to file cross objections starts to run from date of service of notice of appeal - Cross-objections not filed within statutory period of 30 days after service of notice upon party - Even, despite there being an application for condonation of delay, same..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Objection by third party - Suit property sold to petitioners during pendency of suit - However, transfer in favour of petitioners was made by persons who were not even parties to suit - Provision of S.52 of the Act is not applicable to facts of case, as transfer in favour of petitioners..........
Arbitration and Conciliation Act, 1996, Section 34, 36 -- Objections to award and enforceability and execution of award - Distinction - Proceedings u/s 34 of the Act is step prior to execution of award - Only after determination of objections u/s 34 of the Act, party can move step forward to execute award...........
