Civil Procedure Code, 1908, Section 47 -- Execution - Attachment of property of J.D. - J.D. ready to pay the decretal amount - Executing Court shall proceed with the execution and shall not confirm the sale if the entire decretal amount along with interest is deposited on or before 31.05.2013 with a caution that sale is not stayed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Courts held that objections are not maintainable - But how objections are not maintainable not mentioned - Held, objections relating to execution of a decree are to be decided by the Executing Court - Although it is not necessary that Executing Court is to frame issues but in case certain objections are..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Raised in judgment and decided against the applicant - Those questions cannot be re-agitated in execution...........
Civil Procedure Code, 1908, Section 47, 152 -- Execution - Wrong description of area - Decree of specific performance - 0.74 acres or 0.74 decimal (0.74 decimal comes to about 35 square yard) - Land sold for agricultural purposes - 35 square yards is not sufficient even for constructing a house - Wrong description of area was merely inadvertent error of typing - Such error..........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Execution - Uncertified payment - Gives an independent right to J.D. to seek for recovery but it cannot be made a subject of discharge or set off for the J.D. against the D.H...........
Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Setting aside ex parte order - In an execution proceeding after passing through all those stages pursuant to sale and delivery of property belonging to J.D., effected in compliance of the rules and formalities thereunder is over, any application moved by J.D. with reference to non receipt of a notice U.O.21.R.22..........
Civil Procedure Code, 1908, Order 21, Rule 26, 22 -- Execution proceedings - Delivery of properties - Requirement of notice - Held, unless execution of decree is beyond two years of passing of same, no notice to judgment debtors is necessary for effecting delivery in pursuance of decree of civil Court - O.21 CPC does not contemplate prior giving of notice to judgment..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Adjustment - Annulment of decree for specific performance - Money payable under decree paid out of Court settlement to decree holder - Application is not one u/o 21.R.2 CPC - Application is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 102, 103 -- Decree of possession - Execution - Rejection of objections - Death of J.D. during pendency of execution - Deceased never asserted property to be Joint Hindu Family Property - Objections that property was Joint Hindu Family Property not genuine - Appellants not third parties but transferees pendente lite -..........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession - Execution of ex parte decree - Judgment debtor deprived possession of property - Ex parte decree set aside - Held, judgment debtor is entitled to seek restitution of possession by invoking S.144 CPC...........
