Civil Procedure Code, 1908, Section 50(2) -- Execution - L.R. - Liability - Liability only to the extent of property inherited by him - Appointment of L.R. on compassionate ground - Cannot be termed as property inherited from father - Attachment of salary of L.R' cannot be ordered...........
Civil Procedure Code, 1908, Order 21, Rule 97(2), 58 -- Execution - Third party objections - Framing of issues - Objections if not totally frivolous then Court to frame issues and permit parties to lead evidence and to decide those issues...........
Civil Procedure Code, 1908, Order 21, Rule 98(2) -- Execution - Decree for possession - Detention in civil prison - Police Officer who is directed by executing Court to assist process of execution is neither a J.D. nor prima facie a person either acting on behalf of or at instigation of J.D...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Decree for possession - Expression "Obstruct or resist" in R.97 - Activity of Police Officer is not rendering assistance though directed by Court executing decree - It is only an omission and does not amount to obstruction or resistance to execution of decree - Warrant of arrest of such a public servant for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Execution - Petition dismissed on receipt of a letter by post requesting dismissal of execution petition - Order dismissing execution proceedings is per se an order which is based on such material which is not liable to be looked into and, therefore is non est - Execution restored from date on which it was..........
Civil Procedure Code, 1908, Order 21, Rule 90, Civil Procedure Code, 1908, Order 34, Rule 5 -- Suit for recovery of money enforcing mortgage rights - Execution - Auction sale of mortgaged property - Objections filed U.O.21.R.90 dismissed - During pendency of appeal thereagainst decretal amount deposited - Held, right of Judgment debtor to get property redeemed is not lost..........
Civil Procedure Code, 1908, Section 2(10), Order 21, Rule 10 -- Execution - Suit dismissed and positive order in favour of defendant directing plaintiff to remove unauthorised constructions made during pendency of suit - Non compliance of order - Execution petition at the instance of defendant is maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Obstruction - Relationship of landlord and tenant between D.H. & J.D. - Obstructor son of J.D. working with her - His application to obstruct execution - Not maintainable - O.21.R.97 applies to only person who is claiming independent right, title and interest and not under J.D...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - To be decided after framing issues and giving opportunity to parties to lead evidence in support of their stand...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of immovable property - Property already mortgaged or having prior charge - No impediment in attachment...........
