...the property in terms of Section 63 CPC. The learned counsel appearing for the revision petitioner then submitted that the order of attachment in the previous suit will prevail over the order of...accepted in the light of Section 63 of CPC. (13) Section 63 of the Code of Civil Procedure reads as follows:- ''63. Property attached in execution of decrees of several Courts:- (1) Where property...payable by him.'' (14) Sub-section [2] of Section 63 CPC is decisive and sub-section [1] of Section 63 CPC cannot be interpreted to invalidate any proceeding taken by a Court in ...

...different Courts, the superior Court should be allowed to deal with the property in terms of Section 63 CPC. The learned counsel appearing for the revision petitioner then submitted that the order of..., the said submission cannot be accepted in the light of Section 63 of CPC. (13) Section 63 of the Code of Civil Procedure reads as follows:- ''63. Property attached in execution of decrees of sev...payable by him.'' (14) Sub-section [2] of Section 63 CPC is decisive and sub-section [1] of Section 63 CPC cannot be interpreted to invalidate any proceeding taken by a Court in ...

...same. 1 make it clear that procedure laid down in Section 63, CPC cannot be acceted in this case and liability under Section 50, CPC is to be considered. Since the matter is Jong delayed executing Court...-holder in execution of the decree. Unless a Statute clearly prohibits recovery of dues from a judgment debtor, decree-holder has a right to realise the same in the manner provided in Section 51, CPC. A...the judgment-debtor. Therefore, it has been provided in Section 50, CPC. that decree against the judgment-debtor which has not been fully satistied. can be executed against legal representatives of...

...before the sale he had applied for execution to the Subordinate Judge's Court and had attached the property in question. Under Section 63 of the CPC, the proper Court to realize the property was the Court...several Courts, but collected by the Court of highest grade in accordance with Section 63 of the CPC, receipt of the money by the highest Court must be regarded as receipt by or on behalf of all the...accordance with the principle of Section 63 of the CPC.3. There was the course declared to be correct in Deekappa Mallappa v. Chanbasappa Rachappa(2). I prefer to follow...

...realised by the Small Cause Court.2. Under Section 63 of the CPC, it is the duty of the Court of the highest grade to determine such claims.3. It has been argued that only one...Section 63 of the CPC. It therefore follows that the Additional Small Cause Court had no jurisdiction to deal with Wasudeo's application for a share in the assets realised by the Small Cause Court...

...petitioner has filed his application for impleadment. 4. The petitioner has essentially relied upon the provisions of Section 63 of CPC to contend that the executing court...application on the ground that the petitioner cannot invoke jurisdiction under Section 63 of the CPC. 5. Sri S. Rajashekar, the learned counsel for the petitioner, cannot...contend that the civil Court is in error in rejecting the petitioner's reliance upon Section 63 of CPC because he cannot assert that there was any...

...the learned Judge's reasoning and his conclusions. Merely because there is a specific provision in Section 63 of the CPC, cl. (2), that nothing in S. 63 shall be deemed to...-operative Societies Act, is invalid.7. The absence of an enabling provision like Section 63(2) of the CPC from R. 22(20)(a) of the rules framed under the...amendment of R. 63 of the CPC, Courts always held that a sale in contravention of what corresponded to the provisions of Section 63(1) of the CPC was not a nullity. The...

...all such persons.”Section 63 of the CPC, is to the following el feet:“63. (1) Where property not in the custody of any Court is under attachment in execution of decrees...was the proper Court to which the claim should be made under the provisions of Section 63(1) of the CPC. But the Court of the 1st Munsif, Darbhanga, in this case has...by which the assets were held, Section 63 of the CPC recognised an exception and laid down when and to what extent this rule may be departed from. Where the property is under attachment in execution of...

...place, he prayed that as under Section 63 of the CPC, the proper Court to hold the sale was the third Subordinate Judge at Alipore, the records of the execution case No. 39 of 1935 should be sent to...undoubtedly protected under Section 63, sub-Section (2) of the CPC: vide 55 Bom 4731. It is not enough to say that he would make an application for rateable...party No. 1 should have been allowed. He argues that if the opposite party No. 1 was compelled to pay cash money he could have applied for rateable distribution under Section 73 of the CPC and could have...

...been filed before trial Court under Section 63 read with Section 151 CPC and also under Section 65A of the Indian Evidence Act to lead secondary evidence by producing...

...Assam and Nagaland 21 to submit that as per the mandate of section 63, CPC the court attaching the property first in point, of time would alone have the jurisdiction and competence to deal with...of sub-section (2) of section 63. That apart, submits Mr. Sahewalla, section 73 of the CPC permits rateable distribution of the proceeds of execution/sale amongst the...being the position section 63 of the Code of Civil Procedure would have no application in the facts and circumstances of the present case.”22. Having held as above, the other question that ...

..., (1963) 2 MLJ (SC) 60 prior to CPC 1976 Amendment Act, insistence upon a notice under Section 80 CPC in a suit under Order 21 Rule 63 renders no assistance to the petitioner. Even analogy of Section 80...CPC sought for in support of reference is of no avail, since rigour of notice under Section 80 CPC was softened by CPC 1976 Amendment Act in directing, in an appropriate case, post-suit notice. Though...towers. The respondent invoking clause 32 of the agreement filed application under Section 20 of the Arbitration Act, 1940 (for short ‘the Act’) for calling upon the petitioner to produce the agreement...

...to the Madurantakam Court before the receipt of assets. The answer to this question would depend on a construction of Section 63 of the CPC. Cl. (1) of the section runs as follows:Where...receive or realize the property and determine claims thereto shall be the Court of highest grade. It is argued by the respondent that Section 63 of the CPC lays down a general rule of procedure and that, in...interpretation of Section 63 of the CPC, as explained by him has been cited by the learned counsel for the plaintiff (respondent); but he has cited a few cases, 26 MLJ 4061, 6 Rang...

...1. This is an application for revision against an order passed by the Court, below under Section 73 read with Section 63 of the CPC. The applicant Radhawallabh..., caused the attachment of the same property which had already been attached by Radhawallabh. He then requested the Court of the Additional District Judge under Section 63 read with Section 73 of the ...determination. Section 63 of the CPC, runs as under:“(1) Where property not in the custody of any Court is under attachment in execution of decrees of more Courts than one, the Court which shall...

.... Having regard to the provisions of Section 63 of the CPC, the Subordinate Judge declined to proceed with the application in his Court. He was of opinion that such proceedings should be taken in the...relating to execution within the meaning of Section 47 of the CPC, and appealable.3. As to the propriety of the Judge's order there is in fact no substantial contest before us and we think...

....5. Section 11 of CPC embodies the rule of conclusiveness as evidence or bars as a plea as issue tried in an earlier suit founded on a plaint in which the matter is directly and...K. Ramaswamy, J.— Leave granted.2. The conflict of judicial opinion among the High Courts in interpretation of Explanation VIII to Section 11 of the....4. The valiant effort of Shri Sukumaran, the learned senior counsel, in his effective persuasion and meticulous preparation, is that Section 11 and Explanation VIII should be read...

...ORDERThe petitioner/wife of the present respondent is before this Court under Section 24 of CPC., praying for transfer of the case in M.C No. 63/2009 pending on the file of...petition filed under Section 24 of CPC as prayed for.5. In the result, the petition is allowed and the case in M.C No. 63/2009 pending on the file of the Civil Judge [Sr. Dn] at Hukkeri...cause-title of the case filed by the present respondent in M.C No. 63/2009, the petitioner's address is shown as Nanjangud Taluk, Mysore District. Therefore, he submits that the petition may be...

...asked for several decrees, this was merely a verbal or formal difference and that Section 283 of the CPC (now O. 21, R. 63), under which section the action was brought...claimed by the plaintiffs, and rejected the plaint as improperly stamped.2. The suit was a suit under O. 21, R. 63 of the CPC, and it seems to us that the question of the court-fee payable...the executing Court by the plaintiffs under O. 21, R. 58 of the CPC, contending that their share in the joint family property was not liable to attachment, but that objection was summarily dismissed...

...of another decree.13. That this is permissible could be easily gathered from Section 63 of the CPC which is as under:—“(1) Where property not in the custody of any court...the suit filed by his client under Order 21, Rule 63, as a petition under Section 47 of the CPC If a petition under Section 47 of the CPC was filed, there could be no...and it was valid. He also held that Section 64 of the CPC did not stand in the way of the suit property being brought to sale. No issue was raised as to the effect of attachment of this property in...

...court below by the impugned order dated 07.10.2020 has allowed the application filed by the defendants under Section 10 CPC read-with Section 151 CPC and has stayed the proceedings in subsequent suit No...an application under Order 39 Rule 1 & 2 CPC for grant of temporary injunction. 2. Learned counsel for the petitioner submitted that the court below vide order dated.... 63/2020. Learned counsel submitted that the petitioner is rendered remediless as on one hand he has not been granted any ad-interim relief, on the other hand the subsequent suit has been stayed...