Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101 -- Execution - Objections by stranger - Plea of limitation U.O.21.Rr.97, 100, 103 CPC cannot be raised by stranger obstructionist as such plea is only available to JD...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Suit for possession by Trust - Where execution petition preferred by Secretary of DH/Trust was proper and legal, it was not necessary for DH to have signed execution petition...........
Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution proceedings - Once judgment and decree passed in favour of predecessor-i, interest of DH has attained finality, execution of same cannot be stayed simply because another civil suit stands filed now by JDs for declaration and injunction against DH, that too same issue agitated which issue already stands..........
Rajasthan Rent Control Act, 2001, Section 21, Civil Procedure Code, 1908, Order 26, Rule 9 -- Eviction petition - Appointment of Commissioner - Dismissal of application - From day one disputed question of facts regarding condition of building are being raised by both sides - Issue for its would demurely requiring appointment of Commissioner as Commissioner while getting..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - JD contended that DH by playing fraud on Court obtained decree, thus, decree is not executable and proceedings in execution case be stayed till disposal of suit instituted by JD against DH - However, detail particulars of fraud have not been stated in plaint as per O.6.R.4 CPC - Mere..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 35 -- Injunction - Inherent power of Court - Maintainability - Appellate Court granted injunction in favour of Plaintiff/Decree holders restraining the defendant from making construction while rejecting Application for removal of construction which was made after the suit was dismissed on ground that there was no..........
Civil Procedure Code, 1908, Order 21, Rule 97, 103 -- Execution - Third party objections - Order U.O.21.R.97 CPC amounts to deemed decree within meaning of O.21.R.103 CPC and it shall be subject to same condition as to an appeal or otherwise as if it were a decree...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Suit for specific performance - Petitioner resisted delivery of possession in pursuant of sale deed obtained by DHs in suit on the ground that defendants had no title in suit property - Executing Court decided the issue in favour of petitioner, and returned finding that father of..........
Civil Procedure Code, 1908, Order 21, Rule 84, 85, 86 -- Auction sale - Failure to deposit money required for obtaining stamp duty - Default committed by auction purchaser cannot be excused and set at right by Court by exercising its power u/s 148 or S.151 CPC, as O.21.Rr.84, 85, 86 CPC are mandatory in nature - Execution Court was not legally right in allowing petition..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Decree for possession and permanent prohibitory injunction - Defendant filed application for stay of execution on the ground that suit land was not identifiable and decree is unexecutable - However, land is clearly described and depicted in decree, there is thus, no ambiguity with regard to description of..........
