Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Appellants resisted the delivery of possession of property on the ground that they are believers, devotees and worshipers of one Guru, who was a social reformer - Since said Guru was a social reformer and not a avatar of God, it cannot be treated as a deity and his statue to be treated as a temple as..........
Civil Procedure Code, 1908, Section 38, Order 21, Rule 1 -- Execution - Mere pendency or even allowing of amendment is not a bar to executability of decree unless there is a stay against executability either by original Court or transferee Court or by Appellate Court...........
Civil Procedure Code, 1908, Order 21, Rule 15(2) -- Execution - Joint decree holders - One of the joint decree holders can file execution for and on behalf of himself and other joint decree holders - However, Court has to safeguard interest of non party joint decree holder - Even when execution is filed by joint decree holders and one of the decree holders dies during..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Stay of execution - Stay can be granted on satisfying the explanation of sufficient cause, subject to conditions of satisfying with substantial loss may result to party applied for stay, unless there is stay of execution and made applications for stay without unreasonable delay and has been undertaken by applicant..........
Civil Procedure Code, 1908, Section 73 -- Rateable distribution - Decree holder who seeks rateable distribution has to necessarily comply with requirement of filing of an execution petition not merely to necessarily comply with said provision in its form but also in its content...........
Civil Procedure Code, 1908, Section 73 -- Rateable distribution - In order to be entitled for rateable distribution, a decree holder must not only show that he has filed an execution petition before assets held by a Court were received but also he must satisfy the Court that he has not obtained satisfaction of decree...........
Civil Procedure Code, 1908, Order 21, Rule 37, 38 -- Execution of joint decree - Once there is a decree against all judgment debtors passed jointly, decree holder can choose against whom he is to proceed for the safe, early and effective recovery of fruits of the decree...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Suit for recovery of possession of let out building - Destruction of building - Not a ground to dismiss execution petition - Even if the building is destroyed, landlord is entitled to recover the land in which building existed...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Substitution of L.R's - Execution - O.22.Rr.3, 4 CPC is not applicable to execution proceedings - Execution once started within time would not abate due to death of a party or for want of substitution of heirs and LRs, rather it remains pending with no progress until and unless someone as heir or LR of party comes on..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Auction sale - Objections - Respondents/objectors not in possession of suit property prior to passing of decree - Predecessor of respondents was party to sale certificate which respondents never challenged - Suit was duly contested by original defendants for a long period of 30 years - It cannot be said that..........
