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 58 -- Execution - Attachment - Validity of order of attachment - Court considering objections as to the validity of an order of attachment exercises jurisdiction U.O.21.R.58 CPC and is therefore, required to decide all questions, including questions relating to any right, title or interest in the property attached - Adjudication..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Court considering validity of an order of attachment has to decide all questions relating to any right, tile or interest in the property for which Court is to provide a reasonable opportunity to the objector to establish the correctness of his objections...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment of property - During pendency of execution petition son of one of the J.D. sold property - Agreement to sell was executed much prior to attachment of property though sale deed was executed later on - Petitioner second purchaser - Petitioner perfected title over property - Sale deed of petitioner will..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment of property - Bona fide purchaser - No supporting evidence brought on record - Appellant so, i, law of vendor and purchased suit property one day subsequent to order of attachment - Plea of bonafide purchased not tenable - Impugned order of attachment not liable to be interfered with...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Execution - Objection - Dismissal by non speaking order - Rejection of objection by merely stating that objections are meritless - Held, not proper - Reasonings should precede findings...........
Civil Procedure Code, 1908, Order 21, Rule 58, 66 -- Execution - Objections - Framing of issues - In normal course issues are liable to be framed - However where parties are alive to the dispute between them, the mere fact that issues have not been framed would not vitiate the validity of order passed, especially when no prejudice is shown to be caused to the objector -..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Collusive decree suffered in favour of sons to avoid payment of accident compensation - Decree suffered after the accident but before filing of accident claim petition - Decree passed in favour of sons is liable to be ignored and there is no need to file a separate suit to challenge the decree...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Transfer of property - Law does not prevent transfer of property even after filing of suit unless it is established that defendant has acquired any definite interest in that property...........
