notwithstanding
the fact that there was an adjustment as contemplated
by Order XXI, Rule 2, Code of Civil Procedure , it was held
that the agreement ... fresh tenancy after the decree. It is in order to prevent
such judgment-debtors that Order XXI Rule 2 has been
enacted so that
execution of a money decree, as the subject decree is,
under Order XXI Rule 30 of the Code of Civil Procedure , 1908 ( CPC ) is
prescribed ... civil
prison of the judgment debtor is concerned, not only does Order XXI Rule
11A provide that where an application is made for arrest
Executing Court passed the
Order which is impugned in this Revision, ordering attachment of the
schedule mentioned property under Order XXI Rules 54 CPC .
Aggrieved ... Order, which will terminate the entire proceedings.
The word 'Proceedings' includes the execution proceedings. Therefore,
when the Order passed under Order XXI Rule
final decree proceedings valid.
(b) Is there an exception to Order XXI Rule 102 CPC for the
appellants to obstruct delivery of the property ... DISCUSSION & DECISION
On Maintainability:
7.1 When an application under Order XXI Rule 97 CPC is dismissed as not
maintainable, will it not amount
shape in terms
of the provisions of Order XX CPC , are executable under the
provisions of Order XXI CPC . While the payment of
appropriate Court ... decree for specific
performance of a contract of sale. Under Order XXI,
Rule 32(1) CPC , a decree for specific performance of
a contract
filed an execution application on 3.8.2013, in prescribed form
provided under Order XXI Rule 11 of the Code of Civil Procedure
and asked for possession ... rejected by the executing Court vide order
dated 04.09.2013.
The executing Court dismissed the application under Order
XXI Rule 29 vide its order dated
Petitioner then filed EA.No.319 of 2006 under Order XXI
Rule 90(2) CPC to set aside the said sale. However, the
auction purchaser ... dismissed confirming the order of the
trial Court dt.04.07.2018. It was held that though order XXI
Rule 66 of CPC requires participation
which was
instituted by the present opposite party under Order XXI Rules 99, 101 and 103 read with
Section 151 of the Code of Civil ... order of stay.
14. The question raised by the decree holders/petitioners in the present revision, is as
to whether the application under Order XXI
Page 8 of 36
C/IAAP/4/2017 IA ORDER
provisions of Order XXI,Rule 50 recognize the
liability of partners for the acts ... IAAP/4/2017 IA ORDER
application seeking leave of the Court under Order
XXI, Rule 50 of the Code for seeking execution of the
decree
Page 8 of 36
C/IAAP/3/2017 IA ORDER
provisions of Order XXI,Rule 50 recognize the
liability of partners for the acts ... IAAP/3/2017 IA ORDER
application seeking leave of the Court under Order
XXI, Rule 50 of the Code for seeking execution of the
decree
