Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Claim petition U.O.21.R.58 CPC not maintainable in the absence of attachment existing over property...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - When decree was passed a charge had been created for the decree debt over the property, which was mortgaged - If so, in the absence of any attachment existing over the property, there is no question of any claim or objection being raised U.O.21.R.58 CPC - Claim petitioners cannot in the guise of..........
Civil Procedure Code, 1908, Order 21, Rule 12 -- Execution - Decree for possession and mesne profits - Determination of mesne profits - Court which passes a decree for possession of land may direct an enquiry as to mesne profits both prior to institution of suit and subsequent thereto - Executing Court cannot assume a jurisdiction which is not vested with it, as executing..........
Civil Procedure Code, 1908, Order 21, Rule 58, 69, 97 -- Attachment of property - Rejection of claim or objection to attachment - Appeal thereagainst is not maintainable having regard to express provision contained in O.21.R.58(5) CPC - Remedy lies to file a suit seeking declaration of their rights in respect of property in question...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - If claim of petitioners is without any title, in each and every case, a detailed enquiry is not required U.O.21.Rr.97, 99 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - If there is no material to show right and title, mere interest of petitioners would not suffice to maintain their objection U.O.21.R.97 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - When title and possession have already been decided, claim of petitioners is thus, without any substantive basis - Merely because their second appeal is pending, same cannot be a ground to obstruct the execution of decree of plaintiff...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Objection by pendente lite transferee - Pendente lite transferee who is purported to be a stranger to decree has every right to defend his right, title, interest and possession in decretal property as per O.21.R.99 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Objection by third party - Third party to the decree has a right to approach Court even after dispossession of immovable property which he was occupying and can seek redelivery...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Objection by third party - Once an application U.O.21.R.99 CPC is filed, it is incumbent upon trial Court to consider all the rival claims including right, title and interest of parties U.O.21.R.101 CPC which bars a separate suit by mandating execution Court to decide the dispute...........
