matters subsequent to the order
directing the sale in which case non-compliance of Rule 64 of
Order XXI of the Code must be taken ... from the records that notice was ordered to
respondent No.2 under Rule 66(2) of Order XXI and that notice
was served
proclamation
schedule and proceed against that item which is permissible
under Order XXI Rule 17 of the Code. It is also contended by
learned counsel ... treated
as an application for amendment of the execution petition
under Order XXI Rule 17 of the Code and at any rate since the
said
Civil Procedure , 1882 Code of Civil Procedure , 1908
Sec.225: Order XXI, Rule 7:
"The Court to which a decree is so sent ... That order
was challenged before the High Court by the partner against
whom the transferee executing court decide to proceed.
Referring to Order XXI, Rule
decision is whether, to an application
under Rule 95 of Order XXI of the Code of Civil Procedure (for short,
"the Code ... question considered was whether an
appeal against an order passed under Rule 58(3) of Order XXI of the
Code is one coming under
determined in accordance with Rule 101 of the said Order. Rule 98 of Order XXI
states that on determination of questions referred to in Rule ... raised by learned Senior Advocate, that the impugned
order is appealable under Rule 103 of Order XXI of the Code.
7. Learned counsel for petitioner
over the
property attached in view of the provisions of
Order XXI, Rule 58 of the Code?
2. Short facts necessary for a decision ... order. In Gnan Das v. Paulin
Moraes question considered was whether notwithstanding that
judgment debtor had not preferred objection under Order XXI Rule
over the
property attached in view of the provisions of
Order XXI, Rule 58 of the Code?
2. Short facts necessary for a decision ... order. In Gnan Das v. Paulin
Moraes question considered was whether notwithstanding that
judgment debtor had not preferred objection under Order XXI Rule
respondent or the petitioner as
required under Rule 2 of Order XXI of the Code executing court
was bound to conduct an enquiry ... would draw a
distinction - that the procedure under Rule 2 of Order XXI is for
recording payment or adjustment of the decree, but the power
aside the sale under Rule 90 of Order XXI of the Code of Civil Procedure (for
short, "the Code"). That application was dismissed ... aside the sale, that order binds the respondent also.
17. Explanation to Rule 90 of Order XXI of the Code operates in a
different field
attached could make
a claim or objection under Rule 58 of Order XXI of the
Code Civil Procedure (for short, "the Code ... make any claim or objection as
contemplated under Rule 58 of Order XXI of the Code. Executing
court accepted the contentions and rejected objection raised
