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...it been an adjudication of an application under Order 21 Rule 58 CPC, the order would have been appealable under Order 21 ...trial Court had wrongly passed the order of attachment, the petitioner was compelled to file objections under Order 21 Rule 58 CPC. Presuming that the objections were under ..., the petitioner filed objection under Order 21 Rule 58 CPC, claiming that he has been in possession of the property for the last 25 years as tenant but without impleading...
...this Original Petition (Civil) itself is not maintainable, as the order passed on an application under Order 21 Rule 58 of the Code of Civil Procedure is an appealable ...rightly submitted by the learned counsel for the respondent, going by Ext.P7 order, it is seen that the impugned order is passed on an application under Order 21 Rule 58 of the C...attempt is to delay the process of justice. The legality and propriety in this order, are challenged in this Original Petition (Civil).2. The learned counsel for the respondent submits that...
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22. On a perusal of the order, it is seen that the order is passed in an application filed under Order 21 Rule 58 of the Code of Civil Procedure, 1908 (in short 'the Code')....Order 21 Rule 58(4) of the Code. Therefore, without prejudice to the right of the petitioner to...
THURSDAY, THE 1ST DAY OF SEPTEMBER 2022 / 10 TH BHADRA, 1944
O.P.(C) NO.1685 OF 2022
AGAINST THE ORDER DATED 16.08.2022 IN E.A.NO.23...
...proceedings in execution are governed Order 21 Rule 58 of C.P.C. As per Order 21 Rule 58 (4) of C.P.C, order passed is an appealable order. In such cir...attachment over the suit schedule property. Therefore it is clear that this application has been filed under Order 38 Rule 8 of C.P.C. As per said provision, any claim petition filed in ABJ...decreetal order dated 08.11.2024 made in I.A.No.3 of 2021 in O.S.No.231 of 2020 on the file of the Subordinate Judge, Kuzhithurai.
For Petitioner : Mr.J.Anandhavalli...
...filed under Order 21 Rule 58 of CPC, it is only an appealable order. So revision will
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not lie. This pos...petitioner under Order 21 Rule 58 of C.P.C., making claim over the suit property. The execution Court on merit dismissed the petition by order dated 29.01.2024. Against which, this Civil Revision Petition ...Section 115 of Civil Procedure Code to set aside the fair and decreetal order passed in E.A.No.288 of 2018 in E.P.No.123 of 2017 in O.S.No.540 of 2004 on the file of the Principal District Munsif...
...Order 21, Rule 58 of the CPC, that the order impugned has to be treated as an appealable decree. It is an admitted position that if the order in question is to be taken as an ...Rule 8 of Order 38 read with sub-rule (4) of Rule 58, Order 21 of the CPC. By the order in question the Trial Court has raised the attachment before ju...) of Rule 58 of Order 21, which reads as under.—“Where any claim or objection has been adjudicated upon under this rule, the order made thereon shall have the same force an...
...language of Section 96 of the Code of Civil Procedure, cannot be accepted. To give full effect to the language of Sub-rule (4) of Order 21 Rule 58, it...the father of Pitambaraswamy. Petitioner filed the applications under Order 21 Rule 58 of the Code of Civil Procedure to recall the order of attachment, claiming the...question is, whether these Revision Petitions are maintainable, in view of Order 21 Rule 58(4) of the Code of Civil Procedure?4. According to Sri Sadashivappa, the...
...Surfaraj Khan, Advocate who is
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present in the Court. He submits that provision of Order 21 Rule 58 CPC attracts in such type of ma...Order
21 Rule 58(4) of the CPC...Shri BL Sahu, Advocates.
For State : Shri GL Uike, PL.
(Hon'ble Shri Justice Deepak Kumar Tiwari ) Order On Board...
...stand is as a claim or objection under Order 21, Rule 58 and an order made under this last mentioned rule is undoubtedly not appealable.
7. The...reality he is making a claim or objection under Order 21, Rule 58. In these circumstances, we must hold that the order made on the petition is not appealable and that th...suit in which the decree was made.
9. In the present case the Official Receiver's petition is headed as brought under Section 47 and Order 21, Rule 58 of the Civil...
...claims to the property in dispute.
10) Thus, it is clear that an order passed by an Executing Court on an application under Order 21 Rule 58 of CPC is ...enumerated under Order XLIII of the Code of Civil Procedure. Since an order under Order 21 Rule 58 of CPC has been made appealable as a decree in terms of sub- rule (4) thereof, ...petitioner herein filed an application under Order 21 Rule 58/101 of CPC before the Commercial Court for its substitution as a decree holder in the execution petition on the ground that it is entitled to...
...Order 21 Rule 58 CPC. The said provision makes possible for raising of attachment if the claim by a third party is substantiated. An order passed in such an application shall be ...Order 21, Rule 58 Civil Procedure Code (as amended in 1976) is not summary. It is the intention of legislature under the amended C....must observe no such application has been filed under Order 21 Rule 58 CPC...
...or interest in the property arising between the parties, have to be decided by the Court dealing with the claim but not by way of a separate suit. Rule 58(4) of Order 21 C.P.C, lays down ...petitioner filed E.A No. 212 of 2002 under Order 21 Rule 58 C.P.C to raise the attachment over the property which was sold in Court auction and the same was dismissed as...belated under Proviso (a) to Order 21 Rule 58(1) C.P.C Hence this revision by the petitioner in E.A No. 212 of 2002.2. The contention of the learned counsel...
...dismissed by the impugned order. An order of attachment of the property is deemed to be a decree which is appealable as per provisions of Order 21 Rule 58(4) CPC....impugned order can also be challenged by a separate suit under Order 21 Rule 58(5) CPC. Regarding the maintainability of appeal, a reference can be made to the judgment in ...in the context of appeal, is very clear……Once it emerges that an order passed under Rule 58 of Order 21 is conferred the status of a decree, in the...
...attachment. Once the order of attachment is lifted either under Order 38 Rule 8 read with Order 21 Rule 58 or under Order 38 Rule 6, then it is an appealable ...court below had stated in the order itself that though the petition was filed under section 151 of the Code, the petition is filed under Order 38 Rule 8 read with Order 21 Rule 58 of the ...OF THE ORDER DT 09-08-2016 OF THE ADDL. MUNSIFF CHERTHALA IN IA 2069/2016 IN OS 306/2016
RESPONDENT(S)' EXHIBITS: NIL...
...over the property in question.4. The learned Counsel Sri Durga Prasada Rao appearing for the appellant contended that the order impugned was passed under Order 21, Rule 58(3...the Civil Procedure Code in 1976, there is a change in the language of Order 21, Rules 58 and 59 of the Code and in that not only Rules 60 to 63 thereof are omitted, but the ‘order’ made...a decree.10. The real question now that arises for our consideration is, whether the order passed under Order 21, Rule 58(3) of amended Code is in the nature of ‘...
...to whether against an order passed under order 21 Rule 58 is appealable as an appeal against decree or Miscellaneous appeal against the order and it was held that against an ...charge over the property in question. Learned counsel would further contend that the Courts below have erroneously dismissed the application filed by the claimant under Order 21 Rule 58 without...herein stating that they have got 1/3rdshare in the suit schedule property which is admittedly after the conclusion of the award which was in the year 2016. The Order 21 Rule 58 reads as...
...effected was erroneous. I may observe that the attachment order was erroneous, the order must be taken as one filed under Order 21 Rule 58 CPC and not under ...appealable order. The counsel for the petitioners points out to me of certain illegalities which would justify court's intervention, ever if an appeal could have been preferred. He states that the...K. KANNAN, J. (Oral)There is no representation on behalf of the respondent at the time when the matter was called.The revision is against the order disposing...
...design of the objection is to delay execution it shall not investigate into the claim or objection. If the court conducts an enquiry and dismisses the petition filed under order 21 Rule 58 CPC,...attachment by him before judgment in I.A No. 14141 of 1998. Just before the date of sale appellant filed the E.A under appeal, under Order 21 Rule 58 C.P.C, with a prayer to...raise the attachment. That petition was dismissed in limine under Rule 58(1)(b) of Order 21 C.P.C by the order under appeal.2. During the pendency of the appeal...
.... 12. The above decision also makes it clear that, the order passed under Order 21 Rule 58(4) is appealable under Section 96 of CPC. ...herein filed I.A.No.IV under Order 21 Rule 58 of CPC to raise attachment in respect of 8 cents of land in Sy.No.95/9A which he purchased on 06.03.2007 prior to attachment.... The executing Court, by its order dated 30.03.2012, partly allowed I.A.No.IV filed under Order 21 Rule 58 of CPC to release 5/6th share out of attached property and the attachment...
...adjudicated upon, was not an appealable decree. It was his contention that the Court should have regarded the order adjudicating the petitioners' claim as one made under Rule 58 of Order..., contended that the Court was in error in holding that Rule 58 of Order 21 of the Code, as it stood before its substitution by Section 72 of the Amendment...of old Rule 58 of Order 21 of the Code. If new Rule 58 was applicable to adjudication of the petitioners' claim relating to attached immovable property, undoubtedly, the...