Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Execution Court dismissed execution application by observing that decree was conditional, amount was to be paid within one month but no amount was deposited even though application was submitted, therefore decree cannot be executed - High Court affirmed the view of execution..........
Specific Relief Act, 1963, Section 28, 20 -- Decree for specific performance - Conditional decree - Suit for specific performance of a contract stands automatically dismissed when conditions under the decree are not complied with by decree holder and he is not entitled to seek execution of decree as it ceases to exist in the eyes of law due to deemed dismissal of suit...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Conditional decree - Plaintiff having not only failed to deposit balance sale consideration within the time stipulated under decree but also having failed to move any application for extension of time within time permitted, disentitled him from executing the decree - Decree..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Conditional warrants of arrest - JD No.4 is one of guarantors and was proceeded ex parte - Conditional warrants of arrest issued against JD No.4 - Wife of JD No.2 agreed to pay entire amount within 15 days - However, neither she had appeared before Court nor had paid decretal amount - JD No.2 is..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Conditional warrants of arrest - JD had specifically stated that he had never caused any obstruction or hindrance in execution proceedings - Attachment of property was already effected and perusal of previous orders reveals that earlier sale warrants were also issued but could not be..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Issuance of conditional warrants of arrest - Judgment debtor had actively contested the case - No application filed by JD for contesting as indigent person - Only bald statements have been made that JD does not have means to satisfy decree - Conduct of JD evidences that he is only trying to avoid..........
Civil Procedure Code, 1908, Section 51Proviso, Order 21, Rule 37 -- Execution - Money decree - Conditional warrant of arrest - Court must record its satisfaction as per S.51 Proviso CPC that JD with the object of obstructing or delaying the execution proceedings was likely to abscond, leave the local limits or after the institution of suit dishonestly transferred,..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Issuance of conditional arrest/warrant - Warrant of arrest has been issued against JD as he failed to put in appearance in execution proceedings - Detention in civil prison in execution of a decree is the last resort and before that an endeavour should be made for satisfaction of decree - Purpose of issuance of..........
Civil Procedure Code, 1908, Section 56 -- Execution - Arrest and detention of a woman in civil prison - Woman cannot be arrested or detained in execution of decree for money - Executing Court shall decide the application u/s 56 CPC keeping in view of provisions of S.56 CPC and till disposal of said application, order of conditional warrant of arrest against petitioner..........
Specific Relief Act, 1963, Section 28 -- Agreement to sell of property under mortgage - Plaintiff even knowing this fact filed suit for specific performance - It was not his case that he will get the sale deed executed only after redemption of mortgage - Court while passing conditional decree granted 3 months time to deposit the balance sale consideration - Decree holder..........
