Civil Procedure Code, 1908, Order 21, Rule 29 -- Transferee lis pendens - O.21.R.29 CPC has no application in cases of lis pendens where property is transferred by judgment debtor to a third party during pendency of proceedings - Rule 29 applies only when a suit has been instituted by a judgment debtor against the decree holder...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Transferee from a transferee from the judgment debtor - The expression 'transferee from the judgment debtor' means the transferee from a transferee from the judgment debtor...........
Civil Procedure Code, 1908, Order 21, Rule 58(a) -- Auction sale - Objections to sale - Objections to auction sale are maintainable till confirmation of sale - Acceptance of bid by Court does not make the sale complete...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Proviso (a) - Sold - Meaning - Means a complete sale including the confirmation of the auction...........
Civil Procedure Code, 1908, Order 21, Rule 58(a) -- Confirmation of sale - Auction sale of property by Court in execution of a decree - Earlier J.D. had entered into agreement to sell the property - Held, that auction purchaser gets no right till confirmation of sale - Auction purchaser gets a right only on confirmation of sale and he has only right to consideration for..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- 'Necessary to satisfy the decree' - Indicates that no sale can be allowed beyond the decretal amount mentioned in the sale proclamation - If the property is large and the decree to be satisfied is small, the Court must bring only such portion of the property the proceeds of which would be sufficient to satisfy the claim of..........
Civil Procedure Code, 1908, Order 21, Rule 66(2)(e) -- Value of the property - Court to state nature of the property to be sold - Compulsory sale of immovable property divests right, title and interest of the judgment debtor and confers those rights in favour of the purchaser - It should be endeavour of the Court to obtain adequate price of property put in for sale...........
Civil Procedure Code, 1908, Order 21, Rule 66(2), 90 -- Auction sale - Setting aside - Sale vitiated by material irregularity within the meaning of O.21.R.90 CPC - Court below not right in dismissing the application for setting aside the sale...........
Civil Procedure Code, 1908, Section 47, 51, Order 21, Rule 32 -- Decree for prohibitory or mandatory injunction - Act required to be done not enforceable specifically or an act done in violation cannot be undone - Recourse can be had to O.21.R.32(3) or O.21.R.32(5) - Compensation can be awarded U.O.21.R.32(3) though decree is silent about it - Executing court has wide..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Prohibitory injunction - Execution - Trees cut and removed in violation of decree - There can be no enforcement of the decree in the literal sense - Executing Court can fix the compensation, attach the property and keep it pending for six months enabling the J.D. who has violated the decree to pay off the amount and sell the..........
