Civil Procedure Code, 1908, Order 21, Rule 106(3) -- Execution - Setting aside ex parte order passed in execution petition - Application has to be filed within 30 days from the date of order and not from the date of knowledge...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Money decree - Arrest and detention of JD - Willful evading of payment by JD - DH contended that JD willfully and deliberately evading payment even though he is possessed of sufficient means to satisfy decree, as he is running a business - However, JD stated that said business is being run by his wife and not..........
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101 -- Execution - Objection by third party - Respondent claiming to be put back into possession - He was obliged to establish his right, title or interest in property without which his application could not have been allowed - Executing Court considered the application in its right perspective and held that respondent..........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Objection by third party - Stay of execution - Petitioner failed to prove his possession qua property in question - There is thus, no question if any of his being dispossessed from the suit property so as to enable Court to adjudicate claim of petitioner - Application rightly rejected...........
Civil Procedure Code, 1908, Order 21, Rule 10, 11(2), 11(3) -- Execution - Application for execution to ensure compliance of three things : (a) Written application must be duly signed and verified by applicant or any person, who is acquainted with the facts of the case, to the satisfaction of the Court; (b) application must contain the details, which are specified in..........
Civil Procedure Code, 1908, Order 21, Rule 11(3), Civil Procedure Code, 1908, Order 20, Rule 6A(2) -- Execution - Consent decree - Non-filing of certified copy of decree along with execution application for the reason that same was not passed by Court - Execution application is still maintainable, as so long formal decree was not passed order recording compromise was to be..........
Civil Procedure Code, 1908, Order 27, Rule 8A, Civil Procedure Code, 1908, Order 41, Rule 5, 6 -- Stay application filed by Government - O.27.R.8-A CPC may exempt Government from furnishing security for seeking stay of execution of money decree - It, however, does not provide that decretal amount cannot be required to be deposited in appeal against a money decree...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of execution petition - Application for amendment filed u/s 151 CPC also - Amendment in execution application was necessary since correction in the judgment and decree of trial Court had been done so as include khasra No.465, which could not be incorporated inadvertently, though, it was subject matter..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Dispossession in violation of decree of permanent injunction - DH not pleaded material particulars with regard to disobedience and dispossession in application U.21.R.32 CPC - Factum of dispossession as alleged by DH would remain on debatable note - Impugned order of allowing application U.O.21.R.32 CPC set..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioner failed to establish his possession over suit property on basis of unregistered agreement to sell or that said agreement contains any clause of transfer of possession - Agreement which does not even reflect transfer of possession of suit property, cannot entitle petitioner for..........
