Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Claim petition U.O.21.R.58 CPC - Maintainable, if property attached is not already sold...........
Civil Procedure Code, 1908, Order 21, Rule 11, 11A, 30 -- Execution - Arrest and detention - JD failed to appear in Court despite repeated opportunities afforded to him - Trial Court thus, rightly issued warrant of arrest against JD while exercising power U.O.21.Rr.11, 11-A, 30 CPC...........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Order 21, Rule 34 -- Extension of time to deposit balance sale consideration - Explanation offered for the delay - However every day's delay not explained - Court has discretion to enlarge time to comply with conditional decree...........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Order 21, Rule 34 -- Extension of time to deposit balance sale consideration - No wilful default to make deposit - Right of decree holder to get the sale deed executed in his favour cannot be taken away merely on technical ground...........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Order 21, Rule 34 -- Extension of time to deposit balance sale consideration - Exercise of discretion by permitting DH to deposit amount having regard to averments made in application U.O.21.R.34 CPC seeking permission to deposit amount is within power and jurisdiction of Court u/s 28 of the Act...........
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 97, 99, 100 -- Execution - Eviction decree - Third party objection - No privity of contract between DH and appellant with regard to tenancy in respect of disputed shop - Relationship between lessor and lessee between DH and JD was established - Appellant is a third ranked party in respect of landlord-tenant..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Grant of adequate opportunity to JD before detention is necessary till, he has nothing further to state...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Executing Court is to record a positive finding as to fact that there is no possibility of satisfying decree except by way of arrest of JD - Merely because it appeared to Court that there is no possibility to satisfy decree, is not equivalent to `satisfaction' statutorily..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Executing Court is required to issue a show cause notice calling upon JD with regard to payment of decretal amount, failing which JD was liable to be arrested...........
Civil Procedure Code, 1908, Order 21, Rule 92(1) -- Execution - Auction sale - Confirmation of sale - Sale not to be confirmed pending disposal of any objection - Pendency of application to set aside ex parte decree partakes the nature of an objection - Sale not to be confirmed pending final disposal of application to set aside ex parte decree...........
