Civil Procedure Code, 1908, Section 47 -- Execution - Ex parte decree - Validity of ex parte decree cannot be challenged before executing Court - Executing Court cannot go behind the decree - If defendant is aggrieved by ex parte decree passed by Civil Court, it is open for him either to file an application before trial Court for setting aside ex parte decree and for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree filed after two years of service of notice in the execution petition - Application for setting aside ex parte decree is highly belated - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Warrant of possession with police aid - Not permissible in the first instance - In the first instance only warrant of possession is to be issued which may be by breaking open locks and doors - It is only when there is resistance or obstruction and an application is filed by DH complaining of such resistance or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Execution of agreement for sale between parties not disputed - Suit property was sold twice - If interim injunction is not granted, suit property may be transferred further and there would be every possibility of multiplication of proceedings - Moreover, nature and..........
Civil Procedure Code, 1908, Order 21, Rule 11(2), 105, 106 -- Execution - Dismissal in default - Decree holder has remedy either to apply for setting aside the order or file a repeat application - Decree holder can file number of applications for execution of decree, till decree is satisfied...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Two decree holders out of five have sold their shares to petitioner and petitioner has become entitled to share in suit property to that extent - However, sale of share by two decree holders would not make decree in favour of other decree holders redundant or inexecutable - Indeed, other decree holder have right..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Limitation of one year to file application U.O.21.R.95 CPC for delivery of possession begins to run when sale becomes absolute and not when sale is confirmed - In the instant case High Court in revision granted stay of further proceedings in the execution petition - Revision..........
Civil Procedure Code, 1908, Section 38, 39 -- Execution - Award of Lok Adalat - Property situated outside jurisdiction of Court - Execution be filed before competent Civil Court - Thereafter D.H. to get the execution petition transferred to the Court within whose jurisdiction the property is situated - In the instant case execution petition filed in the Court within whose..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery of money - Based on promissory note - Legal notice issued to drawer upon failure to repay money - Drawer denied execution by stating that he was working elsewhere and has no sufficient means - Attestor and scribe confirm execution of promissory note and passing of consideration - No reply was given by drawer..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Defendant set up a Will in written statement - Will sought to be challenged by way of amendment and impleadment of beneficiaries of said Will - Plaintiff learnt about execution of Will only after filing of written statement - Amendment is essential rather..........
