We find that Order 21, Rule 35 deals with cases of delivery of possession of an immovable property to the decree-holder by delivery of actual physical possession and by removing any person in possession who is bound by a decree, while under Order 21, Rule 36 only symbolic possession is given where tenant is in actual possession. Order 21, Rule 97, as aforesaid, conceives of cases where delivery of possession to decree-holder or purchaser is resisted by any person. ‘Any person’, as aforesaid, is wide enough to include even a person not bound by a decree or claiming right in the property on his own including that of a tenant including stranger.
MAIN INDEX Part Three Procedure of Execution Chapter XX General Provisions Article 207 Legally effective judgments or written orders in civil cases, as well as the parts of judgments or written orders […]
The appointment of a Receiver in execution proceedings has been described as a form of equitable relief which is granted on the ground that there is no effective remedy by execution at law. Surely it is an improper use of that equiable remedy to employ it to avoid a very definite bar created by statute law to achieving the very object for which the Receiver is appointed.
SEE FULL TEXT Section 15 of The Limitation Act Computation Of Period Of Limitation 15. Exclusion of time in certain other cases (1) In computing the period of limitation for any suit […]
Shakuntala Devi Jain Versus Kuntal Kumari and others – Civil Appeal against the judgment of Executing Court-05/09/1968
it frequently happens that in cases of execution proceedings, though there is a judgment, an order, that is, the formal expression of the decision is not drawn up. In such cases the concluding portion of the judgment which embodies the order may be treated as the order against which the appeal is preferred
Article 136 of the Limitation Act 1963 being the governing statutory provision, prescribes a period of twelve years when the decree or order becomes enforceable. The word enforce in common acceptation means […]
1. Form and contents—An Application for execution must be in writing except when an oral application is made under Order XXI, Rule 11(1). Upon an application for execution being filed, the Court shall scrutinize […]
KERALA HIGH COURT SINGLE BENCH ( Before : S. Padmanabhan, J ) D. VISWANATHAN AND ANOTHER — Appellant Vs. THE KARNATAKA BANK LTD. — Respondent C.R.P. No. 2733 of 1984-A Decided on […]
Whether the Award of the Arbitrator tantamounts to a Decree or not, Yes, an Award has to be enforced under the Code of Civil Procedure in the same manner as it were a Decree of the Court.
(SUPREME COURT OF INDIA) in Leela Hotels Ltd. Versus Housing and Urban Development Corporation Ltd. (2011) 12 SCALE 573 18. It was next submitted by the learned ASG that analogy of a post-decretal payment cannot be […]
When a criminal case filed U/S 138 of Negotiable Instruments Act, referred to by Magistrate Court to Lok Adalat is settled by the parties and an award is drawn, can it be considered as a Decree and executable? Yes.
(SUPREME COURT OF INDIA) in K.N. Govindan Kutty Menon Versus C.D. Shaji [(2011) 13 SCALE 232] Section 21 of the Act, which we have extracted above, contemplates a deeming provision, hence, it is a legal […]
CONNECTED PROVISIONS UNDER CODE OF CIVIL PROCEDURE 2(2) “Decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties […]