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What does Order 21 of the Code of Civil Procedure concern?

The solemn act of execution of decrees passed by the courts.

The execution of a decree is less important than the decree itself.

False

Which of these is NOT a part of the main categories of Order 21?

Applications for execution

Appeals and revisions (correct)

Resistance and delivery of possession

Adjudication of claims and objections

Stay of executions

Mode of executions

Sale of immovable and movable property

What does Order 21 Rule 1 CPC provide for?

The modes of paying a money decree. Signup and view all the answers

Which of the following is NOT a type of decree that can be executed under Order 21?

Criminal decree Signup and view all the answers

In the context of a money decree, when does interest cease to accrue on the deposited amount?

When the deposit reaches the amount of the original decree. Signup and view all the answers

What does Order 21 Rule 42 CPC concern?

Attachment before judgment in execution. Signup and view all the answers

Under what circumstances can the execution of a decree be stayed according to Order 21 Rule 29 CPC?

When a suit is pending against the decree holder by the judgment debtor. Signup and view all the answers

A transferee court has the power to stay the execution of a decree passed by another court.

False Signup and view all the answers

What are the two main grounds for setting aside a sale in execution of a decree?

Material irregularity or fraud in the conduct of the sale, and substantial injury caused to the judgement debtor. Signup and view all the answers

What is the purpose of Order 21 Rules 26 to 29?

To deal with the powers and duties of a court that has received a decree for execution. Signup and view all the answers

What rule in Order 21 addresses the situation where a suit is pending against the decree holder in the same court?

Order 21 Rule 29. Signup and view all the answers

What is the main objective of Order 21 Rule 35 (3)?

To provide a right for the decree holder to overcome resistance during the execution of a decree. Signup and view all the answers

Under Order 21 Rule 41 CPC, a court can make an order for the attendance and examination of a Judgment Debtor only after attachment or sale of the property has failed.

True Signup and view all the answers

What is the purpose of Section 47 of the Code of Civil Procedure?

To allow the executing court to resolve all questions relating to execution, discharge, and satisfaction of a decree. Signup and view all the answers

What is the key principle highlighted in the case of Jugalkishore Saraf vs. M/s. Raw Cotton Co. Ltd.

That the Court executing a decree can handle complex questions of law and fact during the execution proceedings. Signup and view all the answers

What does Order 21 Rule 16 CPC deal with?

Assignment and transfer of the decree. Signup and view all the answers

A judgment debt is considered an actional claim according to Section 3 of the Transfer of Property Act.

False Signup and view all the answers

What does Order 21 Rule 99 outline?

The process whereby a person dispossessed of property by a decree holder or purchaser can seek relief. Signup and view all the answers

What are the two primary conditions for setting aside a sale of a mortgaged property under Order 21 Rule 89?

Payment of the mortgage money and depositing 5 percent of the purchase money in court. Signup and view all the answers

What is the main issue raised in the case of Dadi Jagannadham v. Jammulu Ramulu regarding Order 21 Rule 89?

The timeframe for making the deposit and filing an application to set aside a sale. Signup and view all the answers

Simply proving material irregularity or fraud is enough to set aside a sale under Order 21 Rule 90.

False Signup and view all the answers

Order 21 Rule 67 mandates the sale of property must be advertised in a local newspaper.

False Signup and view all the answers

What is the crucial condition for a court to set aside a sale under Order 21 Rule 90?

The applicant must demonstrate that material irregularity or fraud resulted in substantial injury to them. Signup and view all the answers

What is the key takeaway from the case of Saheb Khan Vs. Mohd. Yusufuddin and others regarding setting aside a property sale?

Merely demonstrating a material irregularity or fraud is not enough; substantial injury to the applicant must also be established. Signup and view all the answers

What is the main issue in the case of Kabidi Venku Sah vs. Sayed Abdul Hai and another regarding attachment before judgment?

Whether the equity of redemption or the entire property was attached before judgment. Signup and view all the answers

A mortgagee can object to the attachment of a property if they are not in actual or constructive possession of the property on the date of attachment.

False Signup and view all the answers

What is the primary point of contention in the case of M.V.S. Manikayala Rao vs. M. Narasimhaswami and others regarding Article 144?

Whether the concept of adverse possession can apply to a purchaser of an undivided share in a coparcenary property. Signup and view all the answers

What is the primary argument in the case of Janapareddy Latchan Naidu vs. Janapareddy Sanyasamma concerning the recovery of maintenance after a charge has been created on multiple properties?

Whether the charge is extinguished when the charge-holder purchases one of the properties or if it remains valid on all properties. Signup and view all the answers

A charge functions similarly to a mortgage.

False Signup and view all the answers

What is the main purpose of Order 21 Rule 35 (3)?

To define the limits of force that can be used to take possession of a property. Signup and view all the answers

A court can use any reasonable force necessary to put the decree holder in possession of property.

False Signup and view all the answers

What is the primary focus of Order 21 Rule 17, Order 34 Rule 4, Rules 14 and 15?

The recovery of maintenance by the sale of property subject to a charge created for maintenance. Signup and view all the answers

What is the primary takeaway from the case of Janapareddy Latchan Naidu vs. Janapareddy Sanyasamma regarding the execution of a charge decree?

The charge remains valid on all properties subject to the decree, even after the charge-holder purchases a portion of the property. Signup and view all the answers

The concept of analogy from a mortgage can be applied to the execution of a charge.

False Signup and view all the answers

What is the primary issue addressed in Order 21 Rule 35 (2) CPC?

The attachment of a coparcenary property share and the process of executing a sale of such property. Signup and view all the answers

A purchaser of a coparcener's share in a property is automatically entitled to possession of that share.

False Signup and view all the answers

What is the essence of the decision in M.V.S. Manikayala Rao Vs. M. Narasimhaswami and others regarding Article 144?

That adverse possession may not apply to the undivided interest of a coparcener until a partition has occurred. Signup and view all the answers

A purchaser of an undivided share in a property can only seek possession after a partition has been conducted.

True Signup and view all the answers

Study Notes

Executions

Order 21 of the Code of Civil Procedure governs the execution of decrees.
Execution happens after a judgment becomes final and there's no stay from an appellate or revisional court.
Original jurisdiction court executes the decree.
Execution of decrees isn't always given the time and importance it deserves due to unit limitations.
Decrees carry importance showing the court's authority and the sanctity of legal documents.
Decree needs execution with force so the decree holder doesn't lose rights after the proceedings.

Applications for Execution

Applications for execution, objections, and processes are categorized.
Categorization makes court proceedings smoother.
Includes applications related to:
- Stay of executions
- Methods of executions
- Sale of immovable/movable property
- Claims and objections
- Resistance and delivery of possession

Order 21 Rule 1 CPC: Method of Adjustment in Money Decrees

Order 21 Rule 1 of the CPC details how money decrees are paid.
Priority of payment: First to interest, then costs, and finally the principal.
Judgment debtor can specify how the deposit is applied.
Decree holder has the right to appropriate funds based on specified instructions.
Includes enforcement of decree types like those requiring specific performance, injunctions, restitution, or possession.

Other Rules and Cases

Various rules (e.g., 21 Rule 42, 21 Rule 29, 21 Rule 41) of Order 21 in the CPC cover specific situations related to attachment before judgment, decree staying, arrest/detention, etc.
The Hon'ble Supreme Court case law (e.g., Gurpreet Singh) offers interpretations and guidance for execution procedure.
A specific court judgment (e.g., Shaukat Hussain) clarified the applicability of a rule and the relevant legal details.
Cases and judgements illustrate execution scenarios, processes, and disputes.
Relevant sections of the Code of Civil Procedure are clarified to understand application of the law.

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Questions and Answers

What does Order 21 of the Code of Civil Procedure concern?

The execution of a decree is less important than the decree itself.

Which of these is NOT a part of the main categories of Order 21?

What does Order 21 Rule 1 CPC provide for?

Which of the following is NOT a type of decree that can be executed under Order 21?

In the context of a money decree, when does interest cease to accrue on the deposited amount?

What does Order 21 Rule 42 CPC concern?

Under what circumstances can the execution of a decree be stayed according to Order 21 Rule 29 CPC?

A transferee court has the power to stay the execution of a decree passed by another court.

What are the two main grounds for setting aside a sale in execution of a decree?

What is the purpose of Order 21 Rules 26 to 29?

What rule in Order 21 addresses the situation where a suit is pending against the decree holder in the same court?

What is the main objective of Order 21 Rule 35 (3)?

Under Order 21 Rule 41 CPC, a court can make an order for the attendance and examination of a Judgment Debtor only after attachment or sale of the property has failed.

What is the purpose of Section 47 of the Code of Civil Procedure?

What is the key principle highlighted in the case of Jugalkishore Saraf vs. M/s. Raw Cotton Co. Ltd.

What does Order 21 Rule 16 CPC deal with?

A judgment debt is considered an actional claim according to Section 3 of the Transfer of Property Act.

What does Order 21 Rule 99 outline?

What are the two primary conditions for setting aside a sale of a mortgaged property under Order 21 Rule 89?

What is the main issue raised in the case of Dadi Jagannadham v. Jammulu Ramulu regarding Order 21 Rule 89?

Simply proving material irregularity or fraud is enough to set aside a sale under Order 21 Rule 90.

Order 21 Rule 67 mandates the sale of property must be advertised in a local newspaper.

What is the crucial condition for a court to set aside a sale under Order 21 Rule 90?

What is the key takeaway from the case of Saheb Khan Vs. Mohd. Yusufuddin and others regarding setting aside a property sale?

What is the main issue in the case of Kabidi Venku Sah vs. Sayed Abdul Hai and another regarding attachment before judgment?

A mortgagee can object to the attachment of a property if they are not in actual or constructive possession of the property on the date of attachment.

What is the primary point of contention in the case of M.V.S. Manikayala Rao vs. M. Narasimhaswami and others regarding Article 144?

What is the primary argument in the case of Janapareddy Latchan Naidu vs. Janapareddy Sanyasamma concerning the recovery of maintenance after a charge has been created on multiple properties?

A charge functions similarly to a mortgage.

What is the main purpose of Order 21 Rule 35 (3)?

A court can use any reasonable force necessary to put the decree holder in possession of property.

What is the primary focus of Order 21 Rule 17, Order 34 Rule 4, Rules 14 and 15?

What is the primary takeaway from the case of Janapareddy Latchan Naidu vs. Janapareddy Sanyasamma regarding the execution of a charge decree?

The concept of analogy from a mortgage can be applied to the execution of a charge.

What is the primary issue addressed in Order 21 Rule 35 (2) CPC?

A purchaser of a coparcener's share in a property is automatically entitled to possession of that share.

What is the essence of the decision in M.V.S. Manikayala Rao Vs. M. Narasimhaswami and others regarding Article 144?

A purchaser of an undivided share in a property can only seek possession after a partition has been conducted.

Study Notes

Executions

Applications for Execution

Order 21 Rule 1 CPC: Method of Adjustment in Money Decrees

Other Rules and Cases

Studying That Suits You

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