September 2018

Execution of Decree—Objections by subsequent purchaser—Agreement to Sell-Specific Performance—Vendee Lis pendens has no right to resist or obstruct the execution of decree being covered under Order 21 Rule102CPC., but if the person in possession obstructs the execution of decree by showing some semblance of interest in the property on the basis of prima facie evidence, then at least objections should be decided by way of following proper procedure—Dismissal of the objections summarily would not be in consonance with the settled principles of law

By | September 5th, 2018|Execution|

Comments Off on Execution of Decree—Objections by subsequent purchaser—Agreement to Sell-Specific Performance—Vendee Lis pendens has no right to resist or obstruct the execution of decree being covered under Order 21 Rule102CPC., but if the person in possession obstructs the execution of decree by showing some semblance of interest in the property on the basis of prima facie evidence, then at least objections should be decided by way of following proper procedure—Dismissal of the objections summarily would not be in consonance with the settled principles of law

Execution of Decree-Eviction Decree-   Objection that tenant has become subsequent purchaser (co-sharer) against whom ejectment order has been passed-Held; Subsequent purchaser against whom ejectment order has been passed, are under legal obligation first to surrender possession of the tenanted property and then seek separate remedy of partition-Objection held to be rightly dismissed.

By | September 2nd, 2018|Execution|

Comments Off on Execution of Decree-Eviction Decree-   Objection that tenant has become subsequent purchaser (co-sharer) against whom ejectment order has been passed-Held; Subsequent purchaser against whom ejectment order has been passed, are under legal obligation first to surrender possession of the tenanted property and then seek separate remedy of partition-Objection held to be rightly dismissed.

August 2018

January 2018

Civil Procedure Code, 1908, 0.21–Execution of decree—In a suit for partition, the Court should escalate its own effort to optimum level and ensure that the decree is not made merely a waste paper and allow for needless adjournments to take place over a period of time

By | January 10th, 2018|Execution|

Comments Off on Civil Procedure Code, 1908, 0.21–Execution of decree—In a suit for partition, the Court should escalate its own effort to optimum level and ensure that the decree is not made merely a waste paper and allow for needless adjournments to take place over a period of time

December 2017

Execution of Decree—Identification of Property—When the suit has been decreed and the property is not definitely identified, the defect in the court record is capable of being cured.

By | December 17th, 2017|Execution|

Comments Off on Execution of Decree—Identification of Property—When the suit has been decreed and the property is not definitely identified, the defect in the court record is capable of being cured.

Execution of Decree-Objection– Framing of Issues-Contention that third party objection should have been decided by framing the issues-Held; The court is not obligated to follow regular procedure in every false and frivolous objections

By | December 4th, 2017|Execution|

Comments Off on Execution of Decree-Objection– Framing of Issues-Contention that third party objection should have been decided by framing the issues-Held; The court is not obligated to follow regular procedure in every false and frivolous objections

November 2017

O.21 R.66—Auction Sale—Proclamation of—Notice should have been issued to the decree holder and the judgment debtor before drawing the decree as to whether they are willing or not—Provision not compiled with—Order set aside

By | November 25th, 2017|Execution|

Comments Off on O.21 R.66—Auction Sale—Proclamation of—Notice should have been issued to the decree holder and the judgment debtor before drawing the decree as to whether they are willing or not—Provision not compiled with—Order set aside

Execution of Decree—Partnership Firm—Partners in the judgment debtors firm can be proceeded against individually, only if the conditions laid down under Order 21 Rule 50(2) CPC are satisfied.

By | November 15th, 2017|Execution|

Comments Off on Execution of Decree—Partnership Firm—Partners in the judgment debtors firm can be proceeded against individually, only if the conditions laid down under Order 21 Rule 50(2) CPC are satisfied.

Even if the decree has been executed, the pendency of the appeal would not be rendered infructuous, but can be decided on merits– In case any of the parties to the lis succeeds, particularly if the order is set-aside, he can always seek restoration of the possession as per the provisions of Section 144 CPC,

By | November 8th, 2017|Execution|

Comments Off on Even if the decree has been executed, the pendency of the appeal would not be rendered infructuous, but can be decided on merits– In case any of the parties to the lis succeeds, particularly if the order is set-aside, he can always seek restoration of the possession as per the provisions of Section 144 CPC,

October 2017

Stay of Execution Proceedings- -During pendency of application for setting aside of exparte decree by JD No.3 he has sold his interest to JDs 5 to 7 who have lost their case in the objections in the execution proceedings-Held; justice demand that the decree holders can claim possession of suit land even while the proceedings under Order 9 Rule 13 CPC are pending at the hands of JD No.3 after JDs 5 to 7 stepped into the shoes of JD No.3

By | October 28th, 2017|Execution|

Comments Off on Stay of Execution Proceedings- -During pendency of application for setting aside of exparte decree by JD No.3 he has sold his interest to JDs 5 to 7 who have lost their case in the objections in the execution proceedings-Held; justice demand that the decree holders can claim possession of suit land even while the proceedings under Order 9 Rule 13 CPC are pending at the hands of JD No.3 after JDs 5 to 7 stepped into the shoes of JD No.3

Execution of Decree—Part Payment—If the Court does not certify the payment made by the judgment debtor then such payment shall not be recognized by any Court executing the decree for the purpose of giving adjustment to the judgment debtor against the decretal amount.

By | October 10th, 2017|Execution|

Comments Off on Execution of Decree—Part Payment—If the Court does not certify the payment made by the judgment debtor then such payment shall not be recognized by any Court executing the decree for the purpose of giving adjustment to the judgment debtor against the decretal amount.

August 2017

Auction Sale—To be set aside only where the material irregularity or fraud, has resulted in causing substantial injury to the judgment-debtor in conducting the sale.

By | August 14th, 2017|Execution|

Comments Off on Auction Sale—To be set aside only where the material irregularity or fraud, has resulted in causing substantial injury to the judgment-debtor in conducting the sale.

Execution of Decree-Limitation-Execution of preliminary decree for Partition-Till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree-As such, it would not be barred by limitation, lis continues till preliminary culminates into final decree.

By | August 13th, 2017|Decree, Execution|

Comments Off on Execution of Decree-Limitation-Execution of preliminary decree for Partition-Till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree-As such, it would not be barred by limitation, lis continues till preliminary culminates into final decree.

Execution of Decree—Money Decree passed against husband and firm whose proprietress was his wife—Husband had represented himself to be authorized to act on behalf of firm of his wife—Decree held to be executable.

By | August 12th, 2017|Execution|

Comments Off on Execution of Decree—Money Decree passed against husband and firm whose proprietress was his wife—Husband had represented himself to be authorized to act on behalf of firm of his wife—Decree held to be executable.

May 2017

March 2017

February 2017

Execution of Decree—Limitation for filing an application for delivery of possession of property by auction purchaser is one year from the date when the sale becomes absolute and not when the sale was confirmed.

By | February 13th, 2017|Execution|

Comments Off on Execution of Decree—Limitation for filing an application for delivery of possession of property by auction purchaser is one year from the date when the sale becomes absolute and not when the sale was confirmed.