Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Objection petition - Decree alleged to be obtained by fraud - Objector was party to the suit and it was open for him to raise these pleas in the suit itself - Application filed only to delay the execution proceedings - Order rejecting application U.O.21.Rr.97, 101 CPC, upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Civil Procedure Code, 1908, Section , Order 9, Rule 13 -- Ejectment petition against tenant (State of Haryana) - Tenant cared not to appear and contest petition, despite service of summons - Ex parte eviction order passed - Objection filed by tenant in execution application..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Eviction order - Execution - Petitioner claims himself to be a tenant holder/respondents - Issue as to whether the petitioner was a tenant and he was put in possession as tenant by the landlord or not and whether entitled to retain possession or not - Landlord has no objection regarding disposal of the..........
Civil Procedure Code, 1908, Section 115, 47 -- Revision - Maintainability - Execution of decree for injunction and declaration of title - Executing Court allowed objections filed by J.D. - Held, allowing objection u/s 47 CPC amounts to deciding question in issue that decree cannot be executed - Revision against - Held, maintainable...........
Civil Procedure Code, 1908, Section 47 -- Suit decreed for injunction in respect of certain plot and for declaration in respect of other properties detailed in cause title of plaint - In execution application, executing court, while allowing objection of J.D. u/s 47 CPC can take note of all these aspects and passed order, holding that declaratory decree cannot be executed..........
East Punjab Urban Rent Restriction Act, 1949, Section 17 -- Eviction order - Execution - Tenant fled objection alleging that execution before Rent Controller not maintainable in terms of S.17 of the Act as order of Rent Controller becomes a decree and can be executed by Civil Court only having jurisdiction in area - Objection dismissed sans and merit - Held, in States of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Petitioner filed civil suit and obtained injunction against his dispossession - During pendency of civil suit objections filed by him to execution petition filed by Landlord without withdrawing civil suit - Held, it is a pure and simple case of forum hunting on part of petitioner who has consumed..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to nullity of decree or its executability can be raised by the parties at any stage even in the execution...........
Haryana Co-operative Societies Act, 1984, Section 79, 80(3) -- Sale certificate - Delivery of possession - D.H. seeking execution of certificate of sale and delivery of possession issued by competent authority - Objection petition filed on the ground that Civil Court has no jurisdiction - Held, u/s 80 of the Act, if decree holder is equipped with sale certificate, he can..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment of property - Objection - Sale deed of plot in question was executed in favour of petitioner - Before execution of sale deed, mother of plot owner filed suit for maintenance against her sons and sought charge upon agricultural land of sons which consisted of several plots - Ex parte decree passed in her favour and..........
