Civil Procedure Code, 1908, Order 21, Rule 16 -- Decree - Transferee of decree - Transferee is entitled to the benefit of decree which is in favour of the transferor - Transferee of an actionable claim steps into the shoes of transferor and claim to be transferee of the decree by virtue of the assignment in writing executed by the transferor in his favour - Transferee,..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Fixation of upset price - It is a matter which should be based on some materials and not merely on the submissions made by some of parties...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Auction sale - Value of property - O.21.R.66(2)(e) CPC, requires Court to state only nature of property so that purchaser should be left to judge the value for himself - But, essential facts which have a bearing on the very material question of value of property and which could assist the purchaser in forming his..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 64 -- Execution - Auction sale - Sale of property becomes absolute U.O.21.R.92(1) after an application made U.O.21.Rr.89, 90 or R.91 is disallowed and Court passes an order confirming the same - After the sale becomes absolute then Court has to grant a certificate - Certificate has to bear the day on which the sale..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 101 -- Execution - Objections - Where Executing Court on objections being taken by objector finds that objections need to be decided, it has to frame issues and decide objections as if a separate suit...........
Civil Procedure Code, 1908, Order 21, Rule 58, 97 -- Execution - Attachment of property - Objections - Objector being mother of JD well aware about factum of attachment and was present at the time of attachment - However, objector filed objections after lapse of 2 years - Objector relied upon un-registered and insufficiently stamped gift deed purportedly executed by JD in..........
Civil Procedure Code, 1908, Order 21, Rule 26, 29, 101, 103 -- Application for stay of execution does not have any trapping of a decree as is contained in O.21.Rr.101, 103 CPC...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 26, 29 -- Declining of stay of execution - Does not operate as res judicata only because S.11 Explanation VII CPC is applicable to execution as well...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Mortgage decree - Claim petition is not maintainable U.O.21.R.58 CPC once mortgage decree is passed against mortgaged property...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Conditional warrant of arrest - Show cause notice was issued and served and JD even appeared and sought time to make payment and thereafter stopped appearing - Although conditional warrant of arrest has been issued, but it is stated that in case payment is made, then JD is not to be arrested and..........
