Civil Procedure Code, 1908, Order 21, Rule 58(3) -- Attachment of property - Claim or objection as to - Appeal - Maintainability - Held that against orders passed under Rule 58(3) and Rule 98 and 100 or Order 21 CPC, regular appeals under Section 96 and not miscellaneous appeals under Section 104 read with Order 43, Rule 1 CPC are maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 58(3), 98, 100 -- Second appeal - A second appeal under Section 100 CPC is maintainable against an order passed in an appeal arising out of order passed under Rule 58(3) or Rules 98 and 100 of Order 21 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution of motor accident award - Order of attachment of land of judgment debtor - Objector claimed that he is owner of said land - Decree holder has attached revenue record to prove that said property is a joint Hindu family coparcenary property - Coparcenaries Status not objected - Owner to the extent of half share by..........
Civil Procedure Code, 1908, Order 21, Rule 58, 99, 101, Jammu and Kashmir Rights of Prior Purchase Act, 1933, Section 15(5) -- Pre-emption suit - Filed in 1978 claiming relief under law i.e. clause `sixthly' which vested prior to amendment of 1973 - Exparte decree however passed under clause `fifthly' of contiguity-cum-vicinage which was not case of respondent - Execution..........
Civil Procedure Code, 1908, Order 21, Rule 58, Transfer of Property Act, 1882, Section 53 -- TPA Prior to 1976 amendment - Suit setting aside sale of immovable property - Filing of - Allegations of - Fraudulent transfer - What amounts to - Money decree - Execution proceedings pending - Before property of judgment debtor could be attached he sold it in favour of plaintiff -..........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 7, Rule 11 -- Claim petition - Every claim petition need not be insisted to be tried as a suit on merits - Petition can be dismissed for non disclosure of cause of action U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Money decree - Execution - Attachment of joint property - If the co-owner of property is neither a debtor nor a guarantor then his share in the property cannot be attached merely because that co-owner happens to be the wife of J.D. or a partner in business...........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 8, Civil Procedure Code, 1908, Order 9, Rule 9 -- Attachment - Appellant purchased the property and applied for raising of attachment - Application dismissed for default - Property put to sale in auction - Application U.O.21.R.58 filed in execution - Inquiry provided U.O.38.R.8 is to..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections - Court is obliged to reject the objections if it considers that the objections have been designedly or unnecessarily delayed...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections - Ownership claimed on the basis of Will dated 21.2.1993 - However on the basis of Will no mutation of inheritance entered and the Will did not see the light of the day till the suit property was attached - Principle laid down in O.21.R.58(1) Proviso (b) applies as the objections are filed designedly..........
