Civil Procedure Code, 1908, Order 21, Rule 102 -- Transferee pendente lite - Person purchasing property from the judgment debtor during the pendency of suit has no independent right to property to resist execution of a decree...........
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 12, Rule 2 -- Admission and denial of documents - Recovery of outstanding dues - Sanctioning of loan and execution of various loan documents including promissory note, deed of hypothecation and pledge of goods by bank - Default in repayment of loan by defendant no.1 - Demise of defendant No.2/guarantor during pendency of suit - Denial of..........
Civil Procedure Code, 1908, Section 60 -- Execution - Exemption from attachment - Subsistence grant or allowance payable to person under suspension till it is in hands of employer is exempt...........
Civil Procedure Code, 1908, Section 51 -- Execution - Arrest - Means to pay - Subsistence allowance accepted by employee - Cannot be said that J.D. is man without means - having accepted to discharge liability has failed and neglected to do so knowingly and deliberately - Petition for arrest not liable to be dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 20, Rule 12 -- Eviction order - Execution - Stay during pendency of appeal - Rent of Rs.600/- per month fixed almost 18 years ago - Stay of execution subject to payment of Rs.4, 000/- p.m. as mesne profits - Cannot be said to be excessive...........
Civil Procedure Code, 1908, Section 47, 34 -- Execution - Interest - From date of decree to date of realisation - When interest is not granted in the decree, Executing court has no power to grant the interest...........
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..........
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...........
