Civil Procedure Code, 1908, Section 47, 11 -- Execution - Res judicata - Parties contested the suit and appeals treating the property described in schedule of plaint as `suit property' - Objections now raised including the objection, that suit property is 4 Decimals and not 4 Kathas and 4 Dhurs, were not raised by petitioner in earlier objection petition filed during..........
Civil Procedure Code, 1908, Order 21 -- Execution of decree - Agreement to sell - Suit for partition - Plaintiff are owners in possession of suit property to extend of half share - Plaintiffs are only heirs after the death of deceased and said fact not denied by defendants - Moreover, as per defendants deceased predecessor-in-interest of plaintiff executed an agreement to..........
Civil Procedure Code, 1908, Order 21 -- Execution of decree - Agreement to sell - Suit for partition - Execution of agreement to sell does not confer any title itself in favour of party - Simply because for specific performance of alleged agreement to sell which was filed subsequently to present suit is pending, cannot be a ground to deny plaintiff to seek their right of..........
Civil Procedure Code, 1908, Order 21, Rule 57 -- Attachment - Ceases only when execution application is dismissed unless Court indicates that attachment shall continue - Execution petition when adjourned sine die or closed on account of any moratorium or stay of execution under a statute, or by an order of stay by any Court, or where execution application is closed without..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Sale - In absence of a finding that sale of entire property is inevitable executing Court has only jurisdiction to sell that much of the property which would satisfy the decree...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representatives - Impleading of - On the basis of execution of Will in England qua property situated in Punjab - Plea that Will cannot be relied upon in India, unless a probate from the competent Court is obtained - Held, in respect of Wills either executed in Punjab or in respect of immovable property situated in..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Proclamation of sale by public auction in execution of decree - It is mandatory for executing court to determine whether the property, intended to be put on public auction is sufficient to satisfy the decree - Only such part of the land could be ordered to be sold which is sufficient to satisfy the decree - Sale in violation..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Dispossession in violation of decree of permanent injunction - Possession can be restored to D.H. either by compelling JD by attaching his property or by detaining JD in civil imprisonment or by issuing warrants for possession against JD U.O.21.R.32(5) r/w S.151 CPC - Denying relief of restoration of..........
Civil Procedure Code, 1908, Order 21, Rule 1, 2, 11, 12, 13, 14, 17, Limitation Act, 1963, Article 136 -- Execution - New item of property - Amendment of execution application or an application containing an alternative mode of execution or proceeding against a new item of property not already included in the pending execution petition - It is a fresh application for..........
Civil Procedure Code, 1908, Order 38, Rule 11, Limitation Act, 1963, Article 136 -- Attachment before judgment - Further attachment in execution petition not required - However, there can be no order for execution without an application in that behalf - Property attached, if not proceeded against within the period prescribed under article 136 of Limitation Act, attachment..........
