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...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside sale on deposit - Application accompanied by tender - Mere intention to deposit will not satisfy requirement of O.21.R.89 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside on deposit - Application accompanied by tender - Sale completed in 1972 - Pre requisite amount not deposited till 1980 - Sufficient to indicate that judgment-debtor had no intention to have sale set aside but only to frustrate decree and its execution - Order accepting application set aside...........
Partition Act, 1893, Section 3, 4, Civil Procedure Code, 1908, Order 21, Rule 89 -- Right of pre-emption - Exercise of - Preliminary decree for partition - Auction held in execution proceedings - Pre-emptive right of purchase not exercised at stage when sale certificate was to be issued or when matter was remanded by High Court for re-determining reserve price - Held,..........
Civil Procedure Code, 1908, Order 21, Rule 1,2 -- Execution - Parties are governed by decree and not by the account maintained by the decree holder whether it is a bank or a private individual...........
