CiteTEXT
...Section 36 CPC which reads as follows:“36 - The provision of this code relating to the execution of decrees (including provisions relating to payment under a decree) shall so far as they...are applicable, be deemed to apply to the execution of orders (including payment under as order)”.2. Section 36 clearly indicates that even an interim order can be executed in the same...
...enforce the order of injunction which can be enforced like a decree in view of Section 36 CPC. There is no explanation for it. From the address given in the O.P it is seen that none of the respondents...has dismissed it. This is challenged.2. Heard.3. The petitioner has not filed an application Under Order 39 Rule 2A CPC, or an application to...
...Section 36 CPC, should be deemed to be a decree for all practical purposes, and since an E.A. in E.P. is akin to an I.A. in the suit, the order passed in E.A can be executed as if it were a decree...and Ors. in support of his contention that in view of Section 36 CPC, provisions relating to execution of decrees apply to execution of orders also. The contention of Sri I. Ramakrishna Rao...not was not, considered in that decision.
7. As per Section 36 CPC interlocutory orders can be executed like decrees. In EA No. 60 of 1995 filed by him, respondent admitted that he has...
...orders pertaining to the payments against an order as per Section 36 of the Code. The only remedy available to the defendant- petitioner is either to file an appeal against the order or to seek review of t...order dated September 12, 2008 could have been executed in the light of provisions of section 36 of cpc.
I have heard counsel for the petitioner as well as counsel for the respondents...execute the order dated September 12, 2008 restraining the plaintiffs by adverting to the provisions of Order 21 Rule 32 CPC read with Section 36 CPC. The said estopple of the...
...direction given to remove the lock affixed on the door is implemented. At any rate, Section 36 CPC along with the inherent power of the court gives due authority to the court to depute an Amin for...to be enforced by the execution court in terms of Section 36 of the Code of Civil Procedure and that the trial court could not have passed the impugned order which is in the nature of an order in an...execution proceedings. I am unable to agree with the said contention. Section 36 of the Code of Civil Procedure reads thus:—“36. Application to orders.- The provisions of this Code...
...wrongly dismissed the petition, this Court in Civil Revision No. 6790 of 2011 allowed for proceedings to be initiated under Order 21 Rule 32 read with Section 36 CPC. This...Order 21 Rule 11 CPC for realizing an amount of Rs. 1,44,000/- as per the decree alleged to have been passed in her favour. The Court rejected the petition on a finding that there...under Order 21 Rule 11 CPC unless there was a valid enforceable decree. I found there exists no decree to be executed and the order passed was, therefore, perfectly justified...
...-defendant under Section 36 of CPC.Having heard the learned counsel for the parties and carefully perused the relevant material on record, it is noticed that the plaintiff filed a suit for...Order 7 Rule 11 of CPC, which was dismissed by the learned trial court vide order dated 11.8.2003 Thereafter the petitioners-defendants moved another applicatin under Section 36 of CPC, w...the the plaintiff-respondents moved an application under section 151 of CPC for dismissal of the application filed under section 36 of CPC. The learned trial court dismissed the application filed under...
...dismissed the same, this Civil Revision has been filed.
9. Section 36, CPC as substituted by amendment in 1976 authorises execution of an order for payment of money. It reads as follows...for payment of money to decreeholder, there can be no valid objection to execution of such an order. It comes within the plain language of Section 36, CPC.
10. Order sought to be...defendant No. 2 on behalf of defendant No. 5. Executability of the order was challenged by petitioner in an application Under Section 47, C. P. C. Executing Court having...
...execution of a decree. O. 43, R. 2 provides that rules of Order 41 shall apply, as far as may be, to appeals from orders. Section 36, CPC provides that the provision of the Code relating to execution of.... The next question which arises for consideration is whether the jurisdiction of this Court under section 115, CPC would be invoked on the facts and circumstances of the case. The order of the...stayed. In my opinion, therefore, no order could be passed by the learned appellate Court in exercise of jurisdiction under sub-rule (1) of Rule 5 of 0. 41, CPC...
...relation to which this Court exercises its jurisdiction. Learned counsel for the petitioner invited my attention to the provisions envisaged under section 36 CPC which provides that the provisions of this...reading of sections 36 and 38 of CPC reveal that a decree or order may be executed either by the Court which passed it or by the Court to which it is sent for execution.5. In the present...under section 22 of the said Act. In support of his aforesaid contention the learned counsel for the petitioner placed reliance on a decision rendered by Hon'ble Supreme Court in case of (1...
...Judge has acted in ignorance of Section 36 CPC while passing the impugned order, as well as of the aforesaid decision. Interestingly, it is pointed out that the learned Single Judge who passed the...Section 36 of the Code of Civil Procedure which provides that the provisions of the Code relating to the execution of decree (including provisions relating to payment under a decree) shall, so far as...in respect of an order passed under Order XXXIX Rules 1 & 2 CPC. EFA(OS) 21/2019 Page 6 of 7 7. We find force in this submission of Mr. Vashisht. In our view, the learned Single...
...per section 36 CPC. Parties to bear their own cost. Decree sheet be prepared accordingly. ...section 24 of the Hindu Marriage Act, 1955 filed by the applicant-appellant wife, was allowed on 17.08.2017, requiring the respondent to pay the maintenance p...section 21 of the Hindu Marriage Act, 1955. As per Rule 10 of the Hindu Marriage (Punjab) Rules, 1956, any petition...
...intent nor the desire of the judiciary.10. Legislative intent of executing orders relating to payments of costs is clear from amendment carried out to Section 36 CPC to...judgment “on merits of the case” and is therefore not conclusive under Section 13(b) of the Civil Procedure Code (“CPC”, for short).4.2 In the alternative, the order of the...English Court in the present case does not amount to “decree” under Explanation 2 to Section 44-A CPC.4.3 Without prejudice to the aforesaid, the part of the order of the...
...resolution of said difference of opinion as per Section 98 Sub-section (3) of the CPC read with Clause 36 of the Letters Patent. That in no case the Division Bench was justified...Section 98 Sub-section (3), CPC applied to the facts of the present case, and consequently Clause 36 of the Letters Patent got attracted even then the said clause on its own terminology ...provisions of CPC if they were in any way inconsistent with Clause 36 of the Letters Patent.
11. As laid down by Section 4 Sub-section (1), CPC itself in the...
...this Court.
5. Learned counsel for the decree holders has sought to argue that Section 36 CPC allows execution of final judgments passed in writ petition and for which...decrees and orders passed in suits. Section 2 of the CPC defines both 'decree' and 'order' as per sub-Section 2 and sub-Section 14 thereof. A decree under Section 2(2) CPC is a final determination...some or all the matters in controversy in a suit. An order as defined in Section 2(14) CPC is an order which is not a decree of the court.
1...
...holders and which is pending before this Court.
5. Learned counsel for the decree holders has sought to argue that Section 36 CPC allows execution of final judgments...orders and decrees are for execution of decrees and orders passed in suits. Section 2 of the CPC defines both 'decree' and 'order' as per sub-Section 2 and sub-Section 14 thereof. A decree under...Section 2(2) CPC is a final determination of some or all the matters in controversy in a suit. An order as defined in Section 2(14) CPC is an order which is not a decree of the court...
...decree-holder to reap the fruits of his decree.26. We may at this stage notice that under Section 36 CPC, the provisions relating to execution of decree apply to the...the Court under Section 112 was not imperilled since declaration was sought by the child about his true paternity;III. that under Order 18 Rule 16 CPC...Section 151 CPC, though held that the same reasoning cannot be applied in the criminal context (para 175). Rather (in para 203) it was held that compelled extraction of blood samples in the course of a...
...sweep of clause 36 of the Letters Patent and even on that ground only Section 98 sub-section (2) CPC applied and as the proviso to the said sub-section (2) could not be invoked for resolving the factual...down by clause 36 of the Letters Patent and that would remain saved by the operation of Section 4 sub-section (1) CPC noted above. It is, therefore, not possible to agree with the reasoning of the High...between the two Judges constituting the Review Bench, it is only clause 36 of the Letters Patent which would govern the said controversy. Neither Order 47 Rule 6 CPC nor Section 98(2) CPC would apply to...
...counsel for the appellant that under sub-Section (3) of Section 36, the CPC would be applicable
"subject to" the provisions of sub-Section (2) of Section 36....provisions of Section 36 of the Arbitration Act, having due regard to the provisions of CPC, which would not be same as "in accordance with" the provisions of CPC. It is vehemently urged that the provisions...of Order XXVII Rule 8A CPC, which is an exception in the CPC, should not be brought into the Arbitration Act as it would then result in limiting the effect of Section 36 of the Arbitration Act itself. According to ...
...Chaudhury and Ors. v. Smt. Sumangali Devi and Ors. (AIR 1976 Patna 293) and has held that in view of Section 36, CPC the direction of the Court in regard to the deposit of the Commissioner's fee is....) considered the provisions of Order 26, Rule 15 and Sec.36, CPC and held that when a Court has ordered a plaintiff to deposit a further sum for the expenses of the...