...applications under Order 21, rule 43 or Order 21, rule 54, the provisions of section 148-A are not attracted to such execution applications. The defendants are therefore not entitled to file a caveat in such an application for execution of a decree, passed against them...execution made by the plaintiffs under Order 21, Rule 54 and Order 21, Rule 43 of the Civil Procedure Code. Under section 148-A of the Civil Procedure Code, sub-section 1...apply to those proceedings where the Court in its discretion, hears the party who has filed the caveat, before passing orders. Applications for execution under Order 21, Rule 43 or...

...Order 21, Rule 43, and Rules 122 and 123. 32. Chandoo Lal, the present opposite party, obtained a decree against Ramgopal, Sahu Bisheshar Nath and others. He applied for.... 35. The material provision in the Coda of Civil Procedure, as it was enacted by the legislature, is to be found in Order 21, Rule 43. At a subsequent date this...Rules 122 to 124. It is manifest that these rules are to a very great extent in conflict with Order 21, Rule 43, and it is only by inadvertence that when Rules 122 to 124...

...confirming the sale. If the application made is allowed, then the Court has to make an order setting aside the sale. When no application is made under Order 21, Rule 90, there is no question of appeal against an order confirming the sale. Clause (j) of Order 43, Rule...against the order dated 11th February 1966 of the District Judge refusing to restore the judgment-debtors' applications under Order 21, Rule 90 and Section 47 which had...against an order of the executing Court dismissing an application filed by the judgment-debtor for restoration of his application under Order 21, Rule 90 dismissed earlier for...

...same cannot be challenged in appeal against subsequent orders also, because appeal against an order passed under Order 21 Rule 22 does not amount to appeal against order at initial stage, but amounts to a decree finally determining the question. That is why no appeal against orders made under Order 21 has been provided under Order 43.12...21 Rule 22 amounts to a decree under Section 47 CPC and it is appealable as a decree i.e to say it is not an appeal against the interim order but an appeal against the decree which is provided against...after completing preliminaries of issuing notice and finding that no objection has been filed in spite of the service under Order 21 Rule 22 of the Code of Civil Procedure, 1908 (in short “CPC”) and...

...per Order 21 Rule 103 of the Code of Civil Procedure. Since the said order amounts to deemed decree, regular appeal will not lie, but a miscellaneous appeal will lie against such deemed decree as per Order 21 Rule 103 of the Civil Procedure Code, even though Order 43 of...Appeal Court refused to admit the said appeal by holding, inter alia that no appeal lies against such an order under Order 43 of the Code of Civil Procedure. Accordingly, the...laid down in different provisions of Order 21 of Civil Procedure Code starting from Order 21 Rule 97 to Order 21 Rule 106 of the Code of Civil Procedure Order 21 Rule 97 of the Code...

...Order 21, Rule 90 for default, but in view of the trend of decisions of our Court cited above we are inclined to adhere to the view that an appeal does lie under Order 43, Rule 1 (j) against such...Order 21, Rule 90 would for all practical purposes, be useless. While it is true that in form a remedy was available against the order dismissing the application under Order 21, Rule 90 inasmuch as Order 43, Rule...appeal lies under Order 43, Rule 1 (j) from an order dismissing an application under Rule 90 of Order 21 on the ground of default. In...

...Courts below, and he filed a second appeal. The question arose whether the second appeal was maintainable. If the ground for setting aside the sale was one under Order 21, Rule 90, there could be only one appeal against it as an order under Order 43, and...where no previous notice under Order 21, Rule 22 was necessary in view of the fact that the execution petition was filed within two years of the order against the judgment...June, 1960, no notice was necessary under Order 21, Rule 22 of the Civil Procedure Code, because of the proviso. The...

...: O R D E R This petition is directed against the order dated 26.11.2012 allowing respondent - decree holder's I.A.II under Order 21 Rule 43 CPC and directing.... The trial court instead of extending petitioner - judgment debtor an opportunity to place on record the materials for a meaningful conclusion to be drawn on I.A.2 under Order 21 Rule 43 of CPC before...arrears of rent, in addition to directing a separate enquiry regarding mesne profits under Order 20 Rule 12 CPC. 4. The respondent - decree holder filed FDP No.222/11...

...custodian's First Appeal under section 96 read with Order 21 Rule 43-A(2)(e) of the Code of Civil Procedure, 1908, (for short the Code), directed against the judgment and order...145, 151 read with Order 21 Rule 43-A of the Code was moved by the plaintiff respondent on 26-5-82. There after Misc Application No. 24 of 1982 under section 145 read with Order 21 Rule 43-A of the Code was filed by Sri J.P Varshney, plaintiff respon-dent against Sri...would not operate as res judicata, and that on a correct construction of section 145 as amended by the State of U.P and Order 21 Rule 43-A of the Code, the Custodian was liable to return the movable properties attached, particularly 10 tonnes of tissue papers. Consequence of withdrawal of suit no. 219 of 1978 filed by plaintiff respon-dents 1 to 3 against Bipin...

...dated 14.02.2019 passed by the Principal Civil Judge, Gangawati in Execution Case No.45/2018 on an application filed under Order 21, Rule 43 read with Section 151 of CPC, at Annexure-E is hereby quashed. - 7 - iii. However, liberty is reserved to the decree holder to continue the proceedings against the...quashing the order dated 14.02.2019 passed by the Prl. Civil Judge, Gangavati in Exe.Case.No.45/2018 on application U/o 21 Rule 43 r/w Section 151 of CPC vide Annexure-E b...- application under Order 21 Rule 43 of the Code of Civil Procedure was filed for attaching the movables of Mamata Textile Cloth Showroom which came to be ordered by the trial Court. It is aggrieved...

...Order 21, Civil P.C is that the main Application referred to in sub-rule (1) of Rule 104 of Order 21, Civil P.C, is an Appealable order. Undoubtedly an order of dismissal of an Application under Order 21, Rule 90, Civil P.C is an appealable one order under Order 43, Rule 1(j). Therefore, the appellant is certainly entitled to file an Appeal as against the...Devi, AIR 1966 All. 188 (Vol. 53, C57):“Civil P.C (5 of 1908), Order 21, Rule 90, Rule 92, Order 43, Rule 1(j) and Section 115 - Dismissal of Application under Order 21, Rule 90 - Order Appealable under Order 43, Rule 1(j) - No Revision lies against order...Order 21, Rule 92(2) or an order refusing to set aside a sale as a consequence of which the sale is confirmed and the sale c\becomes absolute under Order 21, Rule 92(1). Therefore, an Appeal lies under Order 43, Rule 1(j), against an...

...attachment under Order 21, Rule 43.2. On 13-9-1956, the petitioner filed a claim case under Order 21. Rule 58 alleging that the shop in question had been rented...a certain mohalla in the town of Chapra. In due course notice under Order 21, Rule 22 was served on the judgment-debtor and an order was made on 11-9-1956, for issue of...bring within the scope of proceedings under Order 21, Rule 58, not merely property attached in execution of the decree but also all property which was the subject-matter of...

...?(ii) What order?3. Sri V. Tarakaram, learned counsel for respondent-5 contended that an appeal is provided for under Order 43, Rule 1(j), CPC against an order under Order 21, Rule...therefore is not appealable under Order 43, Rule 1(j).8. In L. Balu's case, the Madras High Court has pointed out that Order 43, Rule 1(j) indicates that an appeal would lie only against two categories of orders, viz., one setting aside the sale and the other refusing to set aside the sale under Order 21, Rule...21, Rule 90 for default but in view of the trend of decisions of our Court cited above we are inclined to adhere to the view that an appeal does lie under Order 43, Rule 1(j) against such...

.... 352 of 1965, the petitioner preferred an appeal under Order 43, rule 1(j), which provides for an appeal against “an order under Rule 72 or rule 92 of Order 21 setting...of the District Munsif dated 14-7-1965 could be said to be a decree within the meaning of Section 2(2) of the CPC.5. It is an order on an application under Order 21, Rule 90, and would, therefore, be an order under O. 21, Rule 92, against which the petitioner claims a right of appeal under O. 43, Rule...the question arises from the fact that by P. Dis. No. 397 of 1945, Rules 104 and 105 were added in Order 21 for restoration of the petition dismissed for default, and a further provision, Order 43, rule 1(jj) was added providing for appeal against the...

...sets aside a sale there can be no second appeal because Order 43 gives a right of appeal against all orders setting aside sales. But Order 43 is hardly so comprehensive. It gives a right of appeal against orders under Rule 72, or 92 of Order 21, but...present respondents under Order 21, Rule 90, holding that there was no evidence of fraud or irregularity. On appeal the District Judge found that the judgment-debtors had...no finding as to fraud apparently agreeing with the lower Court that there was no proof. He thus practically confirms the order under Order 21, Rule 90. But in his sixth...

...per the provisions contained under Order 21 Rule 103 CPC and, therefore, an appeal would lie and the writ petition was not maintainable. The preliminary objection was resisted by proponing a contention...foundation that dispute between parties regarding jurisdiction of the executing court could be determined under Order 21 Rule 100 CPC and that when a decision had been rendered on that score it would be a...deemed decree under Order 21 Rule 103 CPC and hence, the writ petition was not maintainable. Expression of aforesaid view entailed dismissal WP (C) No. 348 of 2011 of the writ petition. Hence, the present...

...? 4. Whether the respondents are entitled to any charge for safe custody of the vehicles ? If so, what is the amount ? Issue No. 1. 2. Order 21 Rule 43-D as amended by this High Court runs as under: "Liability of Sapurdar. Any person who has undertaken to keep attached property under Rule 43 (1) (c) shall be liable to be proceeded against as...only in the nature of a counterblast. I decide this, issue against the respondents. 16. In the result, I allow the application made under Order 21, Rule 43-D, read with Sections 145 and 151 of the Code of Civil Procedure. The Bank shall be entitled to its costs against both...application under Order 21, Rule 43-D and Sections 145 and 151 of the Code of Civil Procedure. It was alleged that at the time of the attachment of the two...

...Civil Judge, Vijayawada, filed under Order 21, Rule 43 CPC. 2. The revision petitioner inadvertently mentioned the prayer at the beginning of the revision petition that it is filed against/aggrieved...10 of the execution petition, it is correctly mentioned as Order 21, Rule 43 CPC and the prayer is for attachment and sale of movable properties. Therefore, for mere typographical error at one portion...the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings. It is further claimed that the execution petition was filed under Order 21 Rule 48 of...

.... " In the left-hand margin of the application I find the words " Order for attachment of moveables under Order 21, Rule 43. " In these respects the application in this case is...of execution may also be referred to in support of the contention that the process application in this case is a step-in-aid of execution. The Lower Court's order is therefore right and I dismiss this appeal against appellate order with costs. ...