Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to nullity of decree or its executability can be raised by the parties at any stage even in the execution...........
Civil Procedure Code, 1908, Section 47, 146 -- Execution - Objections - It is not only the parties to the suit but their representatives also that can raise question with regard to executability, discharge or satisfaction of a decree...........
Civil Procedure Code, 1908, Section 47, Transfer of Property Act, 1882, Section 52 -- Execution - Objections - A subsequent purchaser of the suit property from the judgment debtor would certainly be a `representative' of the said judgment debtor for the purposes of execution of the decree and would be covered by Section 47 CPC...........
Civil Procedure Code, 1908, Section 2(9), Order 20, Rule 4 -- Decree for prohibitory injunction passed against only one of the defendants - Not a judgment within the meaning of S.2(9) read with O.20.R.4 CPC - Not legally valid which is capable of execution...........
Civil Procedure Code, 1908, Order 21, Rule 105, 106 -- Execution - Restoration - Execution petition dismissed in default can be ordered to be restored - Contention that petition was dismissed and not dismissed in default - Order dismissing petition on the ground that non turned up on behalf of D.H. or J.D. - Order passed without prejudice to the right of D.H. or any other..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention - It is one of the options available to D.H. - He cannot be forced to take recourse to this provision only as a last resort after exhausting all other modes of execution...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention - Mere fact that J.D. owns property - No ground to refuse his detention in civil prison - Finding of trial Court that J.D. owns landed property and hence D.H. should proceed against said property instead of seeking arrest and detention - Not proper...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Execution petition - Amendment - Title suit decreed - Execution petition for execution of decree filed - Plaintiff/Decree Holder sought amendment for substituting name of one of parties as there was error in mentioning name of party - Amendment allowed vide impugned order - Held, impugned order cannot be faulted...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 105, 106 -- Execution - Court sale - Procedure for consideration of application under R.97 or 99 even where it is by the decree holder, for removal of the obstruction to delivery of possession by J.D. or any person claiming under him, or by a third party, not claiming under the J.D. is governed by O.21.Rr.105 & 106 CPC..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - After amendment of CPC in 1976 if a suit challenging a decree of possession of property is entertained before commencement of the execution proceedings, and if the execution of that decree has ended in a Court sale or the plaintiff is already dispossessed, the claim raised has to be..........
