Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objection - Not tenable at the instance of J.D. when he claims that he is not the owner thereof and owner is someone else...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 58 -- J.D. not objected to an attachment before judgment - Held, J.D.is precluded from raising objection to attachment in execution on the principle of constructive res judicata...........
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, Section 60(1)(ccc) -- Execution - Suit for specific performance - Suit decreed for alternative relief for recovery - Objection petition by L.R's of J.D. that sole residential house is exempt from attachment and sale - Held, protection u/s 60(1)(ccc) is available to J.D. and not the legal heirs of J.D...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Eviction order - Execution - Obstruction by third party - Claim of tenancy - No documentary evidence of taking shop on rent - No rent receipt produced - Rent sent once by Money order but no proof of same - Rent not deposited in Court when rent sent through money order not accepted - Mention of inaugural function but same..........
Civil Procedure Code, 1908, Section 47, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Execution - Objection by third party claiming himself to be a direct tenant - Held, there in no compulsion on the part of the Executing Court to proceed in the matter only after framing of issues...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Objections at the instance of transferee pendente lite - Objections are not maintainable in view of O.21.R.102 CPC - When objection petition itself is not maintainable then there is no need to frame issues...........
Agreement to sell -- Executed on stamp paper purchased in the name of wife of plaintiff - It is of no consequence (i) when execution of agreement is not in dispute (ii) Agreement was exhibited without any objection; (iii) Even if it is irregularity, the same has been waived by the defendant; (iv) Even otherwise when document is not properly stamped, Court can only deem the..........
Arbitration and Conciliation Act, 1996, Section 34, 36 -- Arbitration award - Execution of award - Arbitrator held debtor liable for loan amount - High Court, in execution of award, ordered attachment of several properties of debtor - On objection by third party claiming himself to be the owner of the property - High Court restrained creditor from taking any steps to..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58, Transfer of Property Act, 1882, Section 53 -- Attachment before judgment - Property already sold before attachment which was further sold to claimant - On objection by claimant U.O.21.R.58 CPC attachment lifted - Plaintiff alleged sale deed to be result of collusion and that it..........
