Code of Civil Procedure, 1908
41. Result of execution proceedings to be certified .-
The Court to which a decree is sent for execution shall certify
execution application filed by the father of the petitioners was
dismissed in default) was ever filed, and as such, the execution proceedings
never came ... dismissing the execution petition filed by the father
of the petitioners in default on 7.9.1971, was actually set aside, and that,
execution proceedings were pending
decree who has put forward his
obstruction in the execution proceedings has the only remedy
under Order XXI Rule 99, CPC after his obstruction ... parties to such proceedings and separate suit
would be barred with a view to seeing that multiplicity of
proceedings and parallel proceedings are avoided
Judgment
Debtor, and rendering the property impervious to the subject execution
proceedings. Additionally, there is not even a semblance of a right in
favour ... property beyond
the pale of the Execution proceedings.
15 The following issues were framed in the Execution proceedings:-
(i) Whether the objector/applicant Smt. Maya
participation in the execution proceedings, but only stated that he had received a notice in the execution proceedings and thereafter only he could learn about ... knew about the proceedings of the case. He would further submit that the petitioner participated in the execution proceedings on 14.12.2006 & 25.01.2007 seeking
sell the Sripur colliery in execution of
the -decree of June 25, 1923, in which Execution Proceedings
No. 224 of -1 932 were pending ... appellant
(assignee decree-holder) that the execution Court at Asansol
never lost jurisdiction over the execution proceedings and
that what purported to be a certificate
execution proceedings pending. The Bench also noticed that for one reason or the other, execution petitions were not being allowed to proceed thereby the persons ... alternate efficacious remedy of taking out execution and when despite taking out execution proceedings, if there is any delay caused on the part of authorities
proceed with the execution.
The purported cause of action for suit was the dismissal of
the earlier application for impleading in the execution
proceedings ... impleaded 'in the
execution proceedings mentioned earlier as the revresenta-
tive of Lakshmibai and to proceed with the execution after
setting aside the order
proceedings in execution of such final decree. It was
submitted that beneficial provision of Section 4 can rightly
be made applicable during execution proceedings till ... apply to proceedings in execution of a
decree or order meaning thereby that Order 22 Rule 10 will
apply to execution proceedings whereby the same
such sons at the partition and this can be done
in execution proceedings and it is not necessary to bring a
separate suit ... father and
work it out either by suit or execution proceedings; in
other words, the remedy of a father's simple contract credi