Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Power to stay execution of a decree vests in executing Court itself and is not dependent upon any order of stay being passed by a superior Court or by a Court before which an appeal may be pending...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Mere fact that there was no specific reference to provision of O.21.R.29 CPC in the application, would not be fatal for Court to consider as to whether powers conferred thereunder were liable to be exercised or not...........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Execution - Money decree - Order directing sale of property - Plea of JD that auction of part of land can satisfy decree is without any substance, as it is impossible for executing Court to segregate particular portion thereof - Only clearly demarcated piece of land is likely to fetch bidders - Moreover, if land fetches..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Detention in civil prison - Disobedience of decree for permanent injunction - Apart from his own evidence, no independent witness examined by J.D's to falsify stand taken by D.H. - As more than six years have passed after J.D's were held guilty for wilful disobedience as such order of civil detention modified by..........
Civil Procedure Code, 1908, Section 39, Order 21, Rule 3, 48 -- Execution - Pending at Hissar - Bank account of one of the J.D's at Chandigarh can be attached for satisfaction of decree...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Is only to be framed in a regular second appeal against a judgment of First Appellate Court and not in execution second appeal...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Scope - Provision of O.41.R.33 CPC applies only when first appeal is filed against main judgment and decree - In execution proceedings said provision is confined only to scope of execution proceedings - There is nothing in O.41.R.33 CPC which empowers Appellate Court in execution proceedings to set aside a final judgment and..........
Civil Procedure Code, 1908, Section 47, Order 22, Rule 3, 4 -- Non substitution of L.R's within statutory period - Appeal abates - Decree passed thereafter - Decree passed against dead person - Decree is a nullity - However, it's validity can be questioned in any proceedings including execution proceedings or even in collateral proceedings, whenever such decree is sought..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution of preliminary decree for partition - Limitation - Execution sought after 30 years of passing of preliminary decree - Till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree - Even when application is filed..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution of preliminary decree for partition - In case parties had affected partition by metes and bounds as per the preliminary decree, it is not necessary to undertake final decree proceedings - However, in the instant case, it is not found to be established that parties have worked out their rights by mutual agreement,..........
