Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution of decree - Question as to the legality of decree - Revision petition before the High Court against the order of the Executing Court on an application u/s 151 - High Court went into the question as to the legality of the decree - Such a question did not and could not have arisen before the Executing Court - High..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 64 - - Sale of land of J.D. - Objections to sale of land which was more than double of total recoverable amount under decree - Can be agitated before Revisional Court for the first time...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Execution - Objection - Dismissal by non speaking order - Rejection of objection by merely stating that objections are meritless - Held, not proper - Reasonings should precede findings...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section , Order 21 -- Execution - Any decree obtained without impleading proper parties cannot be exe-cuted - The decree which affects the rights of the persons not impleaded in the suit cannot be executed...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Provision of O.21.R.64 is mandatory - Only such portion of the property is to be sold which is sufficient to satisfy the decree - Sale not in conformity with the mandatory provision is illegal and without jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 92, 94 -- Auction sale - Sale becomes absolute on confirmation - It cannot be said to attain finality only when sale certificate is issued...........
Civil Procedure Code, 1908, Order 21,, Rule 24 -- Sale of property attached and payment out of sale proceeds - Scope and extent - Expression 'Necessary to satisfy decree' indicates that no sale can be allowed beyond the decretal amount mentioned in the sale proclamation - Court to sell only such portion of property, the proceeds of which would be sufficient to satisfy the..........
Limitation Act, 1963, Article 134, Civil Procedure Code, 1908, Order 21,, Rule 92, 94, 95 -- Sale of property of judgment debtor in execution of decree - Limitation for delivery of possession - Period of limitation of one year to start from date of confirmation of sale and not from issue of sale certificate - Failure on the part of auction purchaser to take possession..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Permanent injunction decree restraining interference in peaceful possession - J.D. claiming to be in possession of suit land prior to passing of decree and also after passing of decree - This fact indicates that J.D. not ready to obey the decree passed by the civil Court - Decree ordered to be enforced by detention of J.D...........
Civil Procedure Code, 1908, Section 151, 47, Order 21, Rule 90 -- Auction sale - Setting aside - J.D. filed application u/s 151 on ground of want of notice and misdescription of property - Objections not pressed during long pendency of litigation - Plea of J.D. that he came to know about execution proceedings only when delivery of warrant was issued - Not bona fide -..........
