Civil Procedure Code, 1908, Section 47 -- Execution - Decree for mandatory injunction passed directing the defendant to prune the over hanging branches of the trees standing on the joint boundary of the land of the parties so as to avoid the falling of their shades on the crops standing in the land of the plaintiff - Executing Court directing to uproot the trees which were..........
Civil Procedure Code, 1908, Section 47 -- Executing Court can execute decree as it is - Cannot alter or modify the terms of the decree - Suit decreed for mandatory injunction directing defendant to prune over - hanging branches of trees standing on joint boundaries of land of the parties so as to avoid falling of shade on crops standing in the land of the plaintiff and..........
Civil Procedure Code, 1908, Section 47, 34 -- Interest - Not granted in the decree - Executing Court granting interest - Order set aside - Executing Court is bound by the terms of the decree and is bound to execute the same as it is - Executing Court has no occasion to add or alter any relief as has been granted by the Court decreeing the suit...........
Civil Procedure Code, 1908, Section 47 -- Interest - Loan whether taken for agricultural purpose or for any other purpose - Can only be raised in the main suit by taking a plea in that behalf so as to enable the Court to give a finding and also as to at what rate of interest the plaintiff is entitled to - It is not for the Executing Court to go into this question and..........
Civil Procedure Code, 1908, Section 47, 34 -- Objection to rate of interest from date of suit till date of recovery - Not for Executing Court to go into this question - Executing Court bound to execute decree as it is unless decree is void, ambiguous and not capable of being executed or is otherwise vague...........
Civil Procedure Code, 1908, Section 47 -- Only function of Executing Court - To execute the decree as it is - Cannot add something to it at its own level - - Court decreeing the suit not awarded interest - Executing Court cannot grant interest to decree - holder...........
Civil Procedure Code, 1908, Section 36 -- Even an interim order can be executed in the same way as a decree - When a person disobeys interim order it is open to Court to proceed against that person for contempt of Court or to execute its interim order...........
Civil Procedure Code, 1908, Section 47, 2(2), 2(9), Order 34, Rule 7, 8, 9 - - Suit decreed as prayed for with a direction that plaintiff can execute decree only after deposit of sale consideration proved to have been received by him while executing the document (sale deed) and for this purpose allowed 3 months time - Execution of decree after deposit of amount - Objection..........
Civil Procedure Code, 1908, Section 47, 34 -- Execution - Executing Court reduced rate of interest - The executing Court is bound to execute the decree as it is and it has no jurisdiction to modify or vary the decree unless it is shown that the decree is without jurisdiction or is otherwise void or not capable of being executed...........
Civil Procedure Code, 1908, Section 47, 34, Order 34, Rule 11 -- Execution of decree for recovery of Bank loan - Objection that loan raised for purchase of tractor, a loan for agricultural purpose, Court could not grant interest at the rate of 12.5% per annum and in view of Section 34 interest could be granted only at the rate of 6% per annum from date of decree - Not..........
