application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure ... fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed
also held that the normal rule of
appropriation contained in Order XXI Rule 1 of the Code of
Civil Procedure relating to execution of decrees ... into court, is contained in Order XXIV of
the Code at the pre decreetal stage and in Order XXI Rule 1
at the post decreetal
order dated 21.9.1993,
dismissed the Revision. The findings recorded by the trial
court were upheld and it was further found that Order XXI
Rule ... fresh tenancy after the decree.
It is in order to prevent such judgment-debtors that Order
XXI Rule 2 has been enacted so that
forum. But no
separate suit would lie against such orders as clearly
enjoined by Order XXI Rule 101.
In short the aforesaid statutory provisions ... adjudicate the claim of the appellant and to
pass appropriate orders under Order XXI Rule 97 sub-rule
(2), CPC read with Order XXI Rule
proceedings were initiated by the Respondent/Decree holder on 27.10.2007
under Order XXI Rule 11 of the Code of Civil Procedure ... hereinafter).
It transpired that Attachment Orders came to be passed. The application
dated 3.7.2008, being Objections under Order XXI Rule 58 read with Section
Code of Civil Procedure (Act V of 1908), s. 146, Order XXI,
rule 16-Debt transferred pending suit thereon-Decree not.
mentioned in deed-Execution ... decree-Application by
transferee-Applicability of Order XXI, rule 16 and s. 146-
Equitable principles Transfer of Property
Supreme Court Rules, 1966, Order XXI, Rule 15(1)(c),
Constitutional India, 1950. Articles 134 , 136 , 145 , Criminal
Procedure Code , 1898, s. 384 and Supreme ... following order:
"The appellants have challenged the constitutional
validity of clause (c) of sub-rule (1) of rule 15 of
order XXI
decree for ,execution to another Court. It is true that
Order XXI, rule 6, provides that the Court sending a decree
for execution shall send ... does not amount to a
material irregularity within the meaning of Order XXI, rule
90, and as such cannot be made a ground for setting
application to set aside sale of immovable property
under Order XXI Rule 89 of the Code of Civil Procedure , is 30 days from
the date ... date of
sale the Court shall make an order setting aside the
sale."
Thus Order XXI Rule 92(2) C.P.C . is only
mortgagee-purchasers on the
ground that the order of the trial Court was under Order
XXI, rule 84 and/or rule 86, of the Civil ... devoid of substance. In order to resolve
this controversy a reference to the relevant rules of Order
XXI of the Civil Procedure Code will
