Civil Procedure Code, 1908, Section 60, Order 21 -- Execution of decree - Attachment of property - Contention that disputed property being residential property is exempted from attachment in execution proceedings - Held, contention cannot be raised by objector being third party - Since objector has failed to establish any right, title or interest in disputed property,..........
Civil Procedure Code, 1908, Section 60, Order 21 -- Execution of decree - Objection - Appellant/objector (third party) contended that decree holder has not placed any material on record to depict that JDs are owners of disputed property - Held, objection cannot be allowed to be raised - Appellant can succeed only on the basis of his claim in disputed property...........
Civil Procedure Code, 1908, Section 73(1)(b), Order 21, Rule 17 -- Money decree - Execution - Third party mortgagee seeking amount under mortgage deed - Stamp paper used for mortgage deed was purchased on 2 May 2003 when summary suit for money was pending - On 24 July 2003, Court granted leave to judgment debtor subject to furnishing solvent surety to the extent for suit..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Execution - Before the expiry of the period stipulated in the compromise decree - By the time Court adverted to the petition the stipulated period expired - Held, there is no bar in execution of such a decree...........
Civil Procedure Code, 1908, Order 21, Rule 30 -..........
Civil Procedure Code, 1908, Section 9, Order 21, Rule 92(1)(3) -- Civil suit to challenge sale effected and confirmed in execution of decree - Held, suit is not maintainable...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Police help - Decree for permanent injunction - Implementation - Application for grant of police help rejected by executing court - Judgment-debtors were injuncted from interfering with possession of decree-holders over suit land - Judgment-debtors do not have any right, title or interest in suit land - J.D...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside sale on deposit - O.21.R.89 CPC gives right not only to judgment-debtor but also to other persons interested in the property or persons deriving title through the judgment-debtor to make an application to have the sale set aside...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside sale on deposit - Such an application can only be made by the applicant concerned on his depositing in court, (a) , for payment to the purchaser, a sum equal to 5% of the purchase money and (b) for payment to the decree-holder, the amounts specified in the proclamation of sale as that for the..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside sale on deposit - Application accompanied by tender - Mere filing of tender accompanying application can in no case be construed to be deposit as contemplated under O.21.R.89 - Deposit of amount is pre condition for entertaining application under O.21.R.89 CPC...........
