Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objections by a stranger - Decree for declaration of title - Land of petitioner is different from land against whom decree has been passed in the suit - Prayer to declare right, title and interest over suit land concerning title suit does not arise, as execution of decree concerning title suit..........
Civil Procedure Code, 1908, Order 21, Rule 90, 54 -- Auction sale - Setting aside - Sale without valid attachment - Not void...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Mere fact that property was sold for a comparatively low price alone cannot be a reason to set aside sale...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - Sale of both items of property without considering whether sale of one of items would have been sufficient to satisfy decree, is bad in law and liable to be set aside...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - It is obligation of Court to ensure that only such portion of property which is sufficient to meet the claim in execution petition alone is sold - Words `necessary to satisfy decree' in O.21.R.64 CPC indicate that no sale can be allowed beyond decretal amount mentioned in sale proclamation..........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Auction sale - Proclamation - Where copy of draft proclamation schedule is received and an opportunity is availed to file objections, appellant cannot contend that no notice as provided U.O.21.R.66(2) CPC was given to him...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Sale deed executed without objections being called for and considered - Contravenes the provision of O.21.R.34 CPC - Impugned order set aside - Executing Court directed to consider the objections of JD to draft sale deed - In case sale deed which has been executed on the strength..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Draft of sale deed in terms of decree delivered to Court - Objections thereto - Mere fact that contention of JD that decree itself is inexecutable was found meritless, would not absolve Court of its duty to proceed with the matter of considering draft sale deed and objections..........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Decree for recovery of gold ornaments - Wherever a decree has been passed allowing the petitioner, alternative relief of value of gold ornaments as on date of purchase, date of petition, or the date of decree, as the case may be with interest for delayed payment unless it is set aside or modified in an appeal or..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection by stranger - Petitioner staked his claim on the basis of agreement for sale from owner of land - However, said owner did not have power to enter into agreement for sale - Petitioner is in occupation of a part of decretal land - He has made a false claim of right on basis of agreement for..........
