Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 5, 11, 11A -- Attachment before judgment - Does not cease with passing of the decree - There is no need to seek a fresh attachment of land at the stage of execution of the decree...........
Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 19, Civil Procedure Code, 1908, Order 21, Rule 99 - - Partition suit - Final decree - Execution proceedings - Right of re-entry against tenant - Held, once execution court comes to the conclusion that claimants are indeed lessees it may not be correct or legal for Court to proceed..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 103 -..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Can be granted without there being a separate application filed for this purpose when there is report that warrant of execution cannot be executed without police help as there is apprehension of breach of peace...........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -..........
Civil Procedure Code, 1908, Order 21, Rule 106(3), 105(2) -- Execution - Date of hearing of the case was fixed to 24.08.2004 on which date, the decree-holder did not appear for which case was dropped/dismissed - It is only by order dated 16.12.2009, the order passed on 24.08.2004 was set aside and the execution case was restored to file - No application for setting aside..........
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...........
