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..., the decree was set aside under Section 108 of the Civil Procedure Code 1882 at the instance of some of the defendants in the original suit. On an application under Section 224 of the Civil ...application could not come under Section 244 of the Civil Procedure Code, 1882, and that the sale could not be set aside, as it had been confirmed. It was held by the Calcutta High Court that the ex parte...aside by the High Court and the suit was remanded for rehearing and fresh disposal under the provisions of Section 144 of the Civil Procedure Code which states as follows...
...not content with the decision and applied to the Munsif under Section 623 of the Civil Procedure Code, 1882, for a review. This the Munsif granted on 9th March, 1907. On 16th...objections to the Munsif's first order, regarded as an award, as they might be entitled to take under Sections 520 and 521 of the Civil Procedure Code, 1882. Against that order...) I.L.R. 23 Bom. 752. In any case his order of remand would be erroneous as the Civil Procedure Code, 1882, contained no provision for a remand order of this nature. Taking this view, it follows...
..., Civil Procedure Code (1882), and contends that as the present application for execution has been presented more than 12 years after the date on which the decree was passed, the decree is no...
...under any mistake as what was being sold. Section 236, Civil Procedure Code, 1882, only requires a reasonably accurate description and this, we think was in this case...
...372 of the Code (Civil Procedure Code, 1882) but even if these sections are applicable after final decree as to which there is considerable doubt......no proceedings seem to have been taken...the desirability or propriety of doing the same. In this case, we must hold that the provisions of Order 1, Rule 10 (2), Civil Procedure Code do not come to the aid of the....
8. The only other provision of law under which this application can be filed, is Section 151 of the Code of Civil Procedure 1908. It is well settled that the inherent...
...Faridkot brought a suit under section 283, Civil Procedure Code (1882) against Kanshi Ram and Joti Mal, decree-holders, Mr. G. H. Coates, judgment-debtor, and two others, for...the late Raja. This was an order under
section 371, Civil Procedure Code, and was within the power of the District Judge. Then, on the 24th April, the District Judge took up...him of an order under
section 368, Civil Procedure Code, but he overruled the objection."
Having thus set forth the facts, the learned...
...the learned Subordinate Judge thought he was proceeding. If the proceeding be considered as a claim under Order XXI, Rule 58 (Section 278, Civil Procedure Code, 1882), it is..., because the sale had not actually taken place.
9. It appears to us that no provision has been made in the Civil Procedure Code for such an application as the present and that the order of the lea...advertised from sale. The attention of the Judge was drawn at the time by the officer of the Court to the fact that it was doubtful under what section of the Code such an application could be made, but the...
...Procedure Code, 1882, did certainly speak of the appointment of a Receiver in a suit, but r. 1 of Or. 40 of the present Code has left out the words “subject-matter of a suit,” and is very general....Then sec. 141 is also very general and does seem to apply the procedure under Or. 40, r. 1, to proceedings of this kind. That section provides “The procedure provided in this Code in regard...appointed only in a suit and not in a proceeding of this kind. Or. 40, r. 1, however, does not provide that the appointment of a Receiver should be confined to a suit. The old sec. 503 of the Civil...
....It is next argued that the decree was passed without jurisdiction, because it went beyond the terms of section 375 of the old Civil Procedure Code, 1882, according...the High Court. But whether it is so or not it is quite clear the question whether a decree is against the provisions of section 375 of the old Civil Procedure Code, 1882, and...v. Viswanath the decision was that according to the sections 224 and 225 of old Civil Procedure Code, 1882, the court to which a decree is sent for execution was...
..., 11th and 12th defendants are not questions arising between the parties to the suit, No. 254 of 1891, or their representatives. Section 244 of the Coda of Civil Procedure, 1882, cannot, therefore...that of the plaintiff's mortgage Under Section 273 of the Civil Procedure Code, 1882, it only takes effect from the date of the receipt of the notice by the Court whose decree...is attached. At all events a private alienation by the holder of the decree attached is void under Section 276 of the Civil Procedure Code, 1882, only if made during the...
...the file of the Subordinate Judge's Court of Tanjore attached the decree in O.S. No. 254 of 1891 under Section 273 of the Civil Procedure Code of 1882. This order of...Section 244 of the Code of Civil Procedure of 1882 bars the suit.. It is contended for the respondent that the plaintiff is the assignee of the decree-holder in O.S. No. 254 of 1891...case whether a mortgagee of a decree is an assignee within the meaning of Section 232 of the Code of Civil Procedure, 1882. There can be no doubt, however, that as mortgagee...
...alternative, has asked this Court to entertain his objection as made under the revisional jurisdiction of the Court conferred upon it by section 622 of Civil Procedure Code, 1882.We...
...that because the Appellate Court could under sec. 544 of the Civil Procedure Code, 1882, on an appeal by two of the Defandants, have reversed the decree appealed from in favour of all, it must have...of much assistance. They turn upon a different state of facts and upon different sections of the Civil Procedure Code...Procedure Code, 1882, now represented by Or. XLI, r. 4, and supplemented by r. 33. There can, after all, be no harm in deciding in a man's favour, even in his absence and without any direct request...
...the Civil Procedure Code, 1882, the amount of the decree and costs together with the Statutory compensation and had the sale set aside without any objection being raised thereto, either by...Section 310A of the Civil Procedure Code, 1882. He not being a party to the suits and the decrees, the sales in execution thereof could only pass the rights and interest of the defendants...statutory compensation of 5 per cent, deposited by him under Section 310A of the Civil Procedure Code of 1882, because that sum did not form part of the joint obligation...
...or ten days later, it does not matter which, the respondent filed his petition in Insolvency. This he did under the Insolvency Section of the Civil Procedure Code of 1882, as...following reasons. The Insolvency proceedings were, no doubt, commenced under Chapter XX of the Civil Procedure Code, 1882. The whole of this Code was repealed, as far as Darjeeling was concerned on...Darjeeling is a Scheduled District under the Insolvency Act, which was not then in force there. The present Civil Procedure Code was applied to Darjeeling on the 5fch January 1909, and the...
...(Civil Procedure Code, 1882), which is the predecessor of Order 20, Rule 12(1)(c), Civil Procedure Code. However, the position is the same even under the new Code....This civil revision under section 115 of Civil Procedure Code is preferred challenging the order dated 30-11-2017 passed by First Civil Judge Class-1, Sheopur in Execution Case No. 317.../06 × 2000 (Gajananda v. Goura), whereby the objection raised by the petitioners under section 47, Civil Procedure Code has been rejected.2. It is submitted by...
...date of the decree. It is true that this decision was rendered under Section 211 of the old Code (Civil Procedure Code, 1882), which is the predecessor of...Order 20 Rule 12(c), CPC. However, the position is the same even under the new Code.9. Section 211 of Civil Procedure Code, 1882 reads as follows:...Rajeev Kumar Shrivastava, J.:— This civil revision under Section 115 of CPC is preferred challenging the order dated 30.11.2017 passed by First Civil Judge Class-1, Sheopur in Execution...
...party against whom an order has been made under Ss. 280, 281, or 282 of the Civil Procedure Code 1882 (which correspond to O. 21, Rr. 60, 61 and 62 respectively of the Code of 1908) the special right.... 283 of the Civil Procedure Code, 1882, for a declaration of his right as mortgagee of the attached properties and for cancellation of the order of rejection. That suit was therefore on all fours with...with the provisions of O. 21, R. 63 of the Civil Procedure Code. He asked for a declaration that the assignment of the mortgage in his favour by the 2nd respondent was valid and for the vacation of the...
...89 of the Companies Act 1882, and not by Section 436 of the Civil Procedure Code, 1882, and that the summons had not been duly served. Section 436 does not apply to...involved in the ex parte decree is given by the Civil Procedure Code, the Limitation Act merely regulates the time within which the remedy must be sought. In The Ydun [1829...summons did not comply with the provisions of Section 89 of the Companies Act, 1882. We therefore, agree with the 'learned...
..., the fact still remains that it was brought to sale. Section 244 of the repealed Civil Procedure Code, 1882, corresponding to Section 47 of the present Civil Procedure ...purchaser of one-third share is entitled to get according to the provisions of the Civil Procedure Code.
3. The present suit is instituted for partition of the one-third share of the first...