Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Conditional warrants of arrest - JD had specifically stated that he had never caused any obstruction or hindrance in execution proceedings - Attachment of property was already effected and perusal of previous orders reveals that earlier sale warrants were also issued but could not be..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Civil imprisonment - Money decree - Executing Court has no where recorded a finding that JD is possessed of sufficient means and is intentionally avoiding to pay decreetal amount - Unless and until, it is found that JD inspite of having been in possession of sufficient means is not intentionally paying decreetal..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for prohibitory injunction - Violation of decree - Where a decree of prohibitory injunction has been rendered nugatory by wilful and unlawful act of JD particularly dispossession of DH from decreetal property, executing Court is vested with power U.O.21.R.32(5) CPC to direct measures necessary to secure..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for prohibitory injunction - Violation of decree - To give full effect to an injunction decree, executing Court may also remove every obstruction set up in breach thereof, so that successful litigant may truly reap the benefit of adjudication - Mere penal consequences under contempt jurisdiction may not..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Ex parte decree - Application U.O.9.R.13 CPC is pending - Respondent would be remediless if proceedings of execution petition are not stayed during pendency of application U.O.9.R.13 CPC - Execution proceedings rightly stayed during pendency of application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 89 -- Auction sale - Setting aside on deposit of amount - Auction purchaser was not given notice and opportunity to contest the execution petition - Aspect whether JD can be permitted to deposit the amount under any exceptional circumstances was not discussed - There is no examination of aspects whether JD could make..........
Civil Procedure Code, 1908, Order 11, Rule 5(4), 21 -- Production of document - Non-compliance with order - Striking off the defence can never mean striking off cross examination...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Obstructer who seeks to resist execution of a decree must demonstrate an independent right, title or interest in the property that is subject matter of decree - Claim of such a third party can only be adjudicated if title asserted is shown to be superior or at least independent of title..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Objectors are not asserting any independent title rather they are admittedly tracing their right and title through their vendor - However, title of vendor is negated judicially - Objectors therefore, steps into the shoes of a person whose claim to title was already judicially negated -..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention - Issuance of notice U.O.21.R.37 CPC is mandatory - Straight away order of warrant of arrest cannot be issued...........
