Civil Procedure Code, 1908, Order 21, Rule 49, 50 -- Decree against partnership firm - Execution can be granted against the partnership property - D.H. can also proceed against the separate property of partners...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution proceedings - Attached property - Order of public sale - Confirmed by Division Bench of High Court - Sale ordered accordingly - Challenge - Plea of sold at lesser price - Could have fetched more price - Plea not taken before High Court - Not even raised at the earliest - Hit by principles of constructive..........
Civil Procedure Code, 1908, Order 21, Rule 92(3) -- Sale of attached property - Sale confirmed - Sale certificate issued include property which was not subject matter of attachment - Separate suit challenging sale certificate - Not barred by order 21 rule 92 (3)...........
Civil Procedure Code, 1908, Order 21, Rule 92(3) -- Execution - Sale of attached property - Challenge to sale by way of separate suit - Barred...........
Civil Procedure Code, 1908, Section 39(4), Order 21, Rule 3, Civil Procedure Code, 1908, Order 21, Rule 48 -- S.39 does not authorise Court to execute decree outside its jurisdiction - However, provisions of O.21.R.3 or O.21.R.48 which provide differently, are not affected by S.39(4) of the Code...........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Costs - Imposed by court - Paid - Adjustment - Cannot be adjusted towards decreetal amount...........
Civil Procedure Code, 1908, Order 21, Rule 21 -- Execution - Money decree - Simultaneous execution for arrest of J.D. and also to proceed against his property - It is almost a rarity - Even in the limited situations, which permit such a course, discretion is to be used, more to refuse it, than to accord permission...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37, 40 -- Execution - Detention - Before ordering detention of J.D. Court must record finding as to the existence of circumstances stipulated in clause (a) to (c) of proviso to S.51 CPC...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37, 40 -- Execution - Detention - Procedure prescribed in Rules 37 & 40 of O.21 CPC is to be followed before arrest of J.D. is ordered...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Execution - Reserve price - Court can subsequently reduce the reserve price in case there are no bidders to purchase the property for the price so fixed...........
