Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection - Order passed for implementing mandatory injunction along with restitution in the form of damages - Such an order cannot constitute an Order U.O.21.R.97 CPC and is clearly an order u/s 47 CPC...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Third party objection - Execution of decree - Appellant filed objection in execution proceedings claiming that he was not impleaded as party though was tenant in shop thus order of eviction not binding on him - Appellant miserably failed to prove relationship of landlord and tenant..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 101, West Bengal Premises Tenancy act, 1956, Section 13 -- Eviction order - Execution of - Objection by vendee - Suit property originally leased to partnership firm - Eviction order passed against partnership firm - Vendee purchased business of firm with all its assets and liabilities after eviction order -..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to executability of decree - Merely during pendency of litigation, the ground on which decree was passed has extinguished, cannot be accepted as a ground for objecting execution of decree since right of parties as stood on date of filing of plaint is relevant factor...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to executability of decree - Eviction decree - Objection raised on the ground that decree is not executable as subject matter of decree i.e land is sold out by series of sale deeds is not entertainable - However, same would not frustrate decree and make it inexecutable, since decree is still executable by..........
Civil Procedure Code, 1908, Order 21, Rule 58(5) -- Execution - Objections - Claim or objection U.O.21.R.58 CPC - Court refused to entertain it - Party against whom such order is made, may institute a suit to establish right in the property in dispute...........
Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 36, 34 -- Jurisdiction of Civil Court - Objection against execution of arbitral award - There is no scope for entertaining objection involving execution proceeding particularly in absence of challenge to arbitral award u/S. 34 of the Act...........
Civil Procedure Code, 1908, Section 47, 21 -- Execution - Objection as to jurisdiction - Objection not taken by tenant in his written statement - Said objection as to jurisdiction of Court cannot be taken at a later stage - Even otherwise, said objection is not sustainable - Executing Court erred in allowing objection - Impugned order of Executing Court set aside...........
Civil Procedure Code, 1908, Order 21.Rr, 9 -- Execution of decree - Objections - Each and every objection raised by objector is not to be put to trial merely on asking unless material adduced convinces the Court that objections actually require determination on strength of evidence...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Only objection that can be raised before executing Court is as regards decree being a nullity in true sense and not objection as regards its invalidity...........
