...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...except in specific cases enumerated in Order 21, rule 22 and Order 21, rule 37. Since the judgment-debtor is not a party who has a right to be heard or is ordinarily heard in applications under Order 21, rule 43 or...

.... " 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. ...

...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 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...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...

...1. I concur in the conclusion, and would only add a few words because the question is one of general importance. No doubt there is some inconsistency between Order 21, Rule 43 and...against him for the value of the goods attached. 14. The decision was based mainly on Rule 43 and Rule 123 (it was then numbered as 124), Order 21, Civil...P.C. It may be mentioned here that Order 21, Schedule 2, Civil P.C., as originally passed by the legislature, contained 103 rules. Certain rules were added by the High Court at Allahabad, namely Rules 104 to 140. These rules have undergone a slight change, and therefore it was necessary to re-number them. 15. Rule 43 lays...

...applications made by the petitioner and respondent No. 5 under Order 21 Rule 58 of Code of Civil Procedure, 1908 (for short, ‘CPC’) for setting aside order dated 9.9.2015 passed by the learned District Judge-1 below Exhibit-14 in Regular Darkhast No. 165/2014.4. By order dated 9.9.2015, learned District Judge ordered issue of warrant under Order 21 Rule 43 of...facts and circumstances of the case, Order 21 Rule 43 of CPC is applicable or not. Order 21 Rule 43 of CPC permits attachment of movable property...possession of the sugar stocks. He, therefore, submitted that the learned District Judge was not justified in passing order dated 9.9.2015 and issuing warrant under Order 21 Rule 43 of...

...taking security from them had better be abandoned. I think that Order 21, Rule 43 only makes distinct the liability of the Amin so far as the Court is concerned. It does not...general rule laid down in Section 145 of the CPC and I think the Court below was perfectly justified in proceeding against them in the execution proceedings. In my opinion if the law is supposed to...

...application filed under Order 21 Rule 43 read with Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC') and issued Attachment warrant of the bank accounts of the Judgment Debtor. Learned counsel...inviting attention of the Court to I.A. filed under Order 21 Rule 43 of CPC would point out that Bank Account mentioned at Sl.No.(g) is not Judgment Debtor's Account and it is an Account of the... IMPUGNED ORDER DATED 10.11.2023 PASSED IN EX.CASE NO.663/2017 BY THE LEARNED XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-32) VIDE ANNEXURE - A AND ETC...

...pass an order of attachment of the movables mentioned in Schedule-A appended hereto (under order 21 rule 43 of Civil Procedure Code) as mentioned in the schedule appended hereteo any such other valuable...the Schedule -B mentioned property to the decree holder and pass such other order as this Hon'ble ommission. 1... :2: Oral Order (Docket Order) Today also no representation for the Petitioner though the matter is posted under the captiornOl alsmissal. As not d earlier the...

...Order 21 Rule 43 of CPC and recover the amount mentioned in Column No 9 of E P and pass…" 2. Ms. Taddi Sowmya Naidu, learned counsel for the petitioner would submit... ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for...: "…to issue a writ of certiorari or any other appropriate writ or direction calling for the records relating to the order of the II Additional District Judge, Vijayawada passed...

...Order 21 Rule 58 of the Civil Procedure Code is maintainable only after the property is actually attached, as contemplated in the mode prescribed under Order 21, Rule 43 of...the C.P.C Order 21, Rule 43 of the C.P.C, speaks about the attachment of movable property other than the agricultural produce, in the possession of the judgment debtor. The...…..”9. Pointing out the provision under Order 21 Rule 43 C.P.C, it is contended that since there had been no actual seizure, the attachment is not effected and...

...order 21, Rule 43 attachment and Notice to Judgment Debtor by 31.08.2023". 4. Therefore, the learned counsel contends that the order bereft or reasons and hence liable to...2023. COMMON ORDER: Aggrieved by the respective impugned orders passed by the Chairman-cum-Presiding Officer, Industrial...contend that the learned tribunal without following extant procedure has straight away passed a single line cryptic order dated 21.07.2023. The order reads asunder "Issue...

...order 21, Rule 43 attachment and Notice to Judgment Debtor by 31.08.2023". 4. Therefore, the learned counsel contends that the order bereft or reasons and hence liable to...2023. COMMON ORDER: Aggrieved by the respective impugned orders passed by the Chairman-cum-Presiding Officer, Industrial...contend that the learned tribunal without following extant procedure has straight away passed a single line cryptic order dated 21.07.2023. The order reads asunder "Issue...

...order 21, Rule 43 attachment and Notice to Judgment Debtor by 31.08.2023". 4. Therefore, the learned counsel contends that the order bereft or reasons and hence liable to...2023. COMMON ORDER: Aggrieved by the respective impugned orders passed by the Chairman-cum-Presiding Officer, Industrial...contend that the learned tribunal without following extant procedure has straight away passed a single line cryptic order dated 21.07.2023. The order reads asunder "Issue...

...order 21, Rule 43 attachment and Notice to Judgment Debtor by 31.08.2023". 4. Therefore, the learned counsel contends that the order bereft or reasons and hence liable to...2023. COMMON ORDER: Aggrieved by the respective impugned orders passed by the Chairman-cum-Presiding Officer, Industrial...contend that the learned tribunal without following extant procedure has straight away passed a single line cryptic order dated 21.07.2023. The order reads asunder "Issue...

... 21 Rule 43 and 66 of C.P.C and E.P.No.18 of 2012 as under the provisions of Order 21 Rule 32 of CPC as barred under eye of Law and to prohibit the 1strespondent from proceeding...21 Rule 43 and 66 of CPC and EP.No.18 of 2012 under the provisions of Order 21 Rule 32 of CPC. 2. The facts in brief are that long ago in the year 2000, on 12.06.2000.... 2. Chinnadurai (deceased) 3. Saroja 4. Raja 5. Tmt.Kavitha (R3 to R5 impleaded as LRs of the deceased R2 vide order of this Court...

... No.45/2018 ON APPLICATION U/O. 21 RULE 43 R/W. SEC.151 OF CPC VIDE ANNEXURE-"E" AND ETC. - 2 - THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER 1...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 Rule 43 and 64 of CPC, with a reasonable time frame and dispose of the said Execution petition within a reasonable time frame as stipulated by...direct the Executing Court to process and number the execution petition EP (Filing) No. 4836 of 2024 on the file of City Civil Court Chennai, in the Arbitration Award dated 02.09.2023 under Order 21 Rule 43 and...become final. Since the respondent failed to comply with the award, the petitioner has filed an execution petition under Order XXI Rule 43 & 64 of CPC on 17.04.2024 in EP (Filing) No. 4836 of 2024...

...Civil Court Chennai, in the Arbitration Award dated 02.09.2023 under Order 21 Rule 43 and 64 of CPC, with a reasonable time frame and dispose of the said Execution petition within a reasonable time...the file of City Civil Court Chennai, in the Arbitration Award dated 02.09.2023 under Order 21 Rule 43 and 64 of CPC, and dispose the same within a stipulated time. 2...petitioner has filed an execution petition under Order XXI Rule 43 & 64 of CPC on 17.04.2024 in EP (Filing) No. 4842 of 2024 seeking for a direction to pay an amount of Rs.20,43,548.15/- including interest...

...21 Rule 43 CPC, but the question arises whether the provisions of Order 21 Rule 43 can be exercisable by a Certificate Officer acting under section 8B, of the said...Act. There has been no enabling provision to invoke Order 21 Rule 43 CPC. Furthermore, the Certificate Officer while acting as such under section 8...Company had taken the Caladonia Jute Mills, on licence, of Chittragunj pursuant to the order of this Court dated 21st November, 1997. It has been claimed by the petitioner that he had never any...

...amongst the parties. 5. In between one of the judgment debtors representing the LRs of Kaushalya Devi, filed an application under Order 21 Rule 35(2) read with Order 21 Rule 43 of...filed by LRs of judgment debtors Kaushalya Devi under Order 21 Rule 35 (2) and Order 21 Rule 43 of CPC. It is adjudicated by the learned execution Court that since only...some house hold articles were kept in both the residential houses, the provisions of Order 21 Rule 35(2) as well as Order 21 Rule 43 of CPC could not be applied. The learned executing Court has also...