Mathur: Code of Civil Procedure. Save as provided in this Part or in Part X or in rules, the provisions of this Court shall apply to such High Courts. Section 67 renumbered as sub-section 1 of that section by Act 1 of 1914, sec. The provisions of this Part relating to appeals from original decree shall, so far as may be, apply to appeals- a from appellate decrees, and b from orders made under this Code or under any special or local law in which a different procedure is not provided. Shobha, wherein in the context of Section 11 of the Pensions Act, 1871, which provided for exemption of pension from attachment, this Court referred to the decision in the Jyoti Chit Fund case supra where Krishna Iyer, J.
But when he failed we took help from our relatives and settled it. However, it can be enforced by seeking police aid on necessary directions from the Court; Matha Gavarayya v. Appeal under sec 96 of the code of civil procedure We gave power so attorney10 years back to a relative to settle land loan on us. Powers of Court in executing transferred decree. Every transferee of a decree shall hold the same subject to the equities if any which the judgment-debtor might have enforced against the original decree-holder. It a set-off equal to the plaintiff's claim is established it is an absolute defense entitling the defendant to a decree of dismissal of the suit.
Section 11 of the Civil Procedure Code, 1908 deals with the Res Judicata. No order under section 47 to be refused or modified unless decision of the case is prejudicially affected. In other words, the High Court erred in altering the decree of the Trial Court in its revisional jurisdiction, particularly when the pension and gratuity of the appellant, which had been converted into Fixed Deposits, could not be attached under the provisions of the Code of Civil Procedure. It has been extended to the Districts of Koraput and Ganjam Agency by Orissa Regulation, 5 of 1951, s. Where an appeal from any order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made, or where such order is made by a Court not being a High Court in the exercise of appellate jurisdiction, then to the High Court. Shobha that the High Court could not have gone behind the decree in the execution proceedings and the alteration in the manner of recovery of the decretal amount was erroneous and cannot be sustained. To say, in other words, the Civil Procedure Code provides the mechanism for enforcement of rights and liabilities.
Added by Act 1 of 1914, sec. These words were again ins. Private alienation of property after attachment to be void. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful. Arrest other than in execution of decree.
Advised that this view is only with limited facts and not exhaustive. This note deals with the procedures for investigation and trial which are generally applicable to civil statutes administered by the Civil Rights Division, the functions of Sections with enforcement activities under these statutes, and with the special procedures which must be followed in connection with enforcement of many civil rights statutes. Under section 3 3 a of the Sonthal Parganas Settlement Regulation 3 of 1872. The High Court disposed of the revision petition, inter alia, directing that the amount of Rs. In the same way, the High Courts will exercise the powers within the state in which it is situated and the neighboring Union Territories attached with the same High Court.
The High Court directed the guarantor to deposit a sum of Rs. A 'defense' called the written statement ,in general this is a reply of plaint ,in which defendant deny or admit the each and every allegation or facts given in the plaint. It was also directed that on the Matador being furnished along with solvent security before the learned Executing Court by the appellant herein, the remaining amount under the Fixed Deposit Receipt would be released to him. It is called the Inherent powers of the Court. U are a person who can raise a claim under sec. The decree does not indicate that in the event the Matador could not be sold, the decree could not be executed at all against the other assets either of the Judgment Debtor or the guarantor. Provided that the State Government concerned may, by notification in the Official Gazette, extend the provisions of this Code or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incedental or consequential modifications as may be specified in the notification.
Added by Act 1 of 1914, sec. Explanation I omitted by Act No. Since loanee could not repay the loan, Bank filed a suit for recovery of the loan against the loanee and the guarantor. Is there any Citation of a case or an Order or Rule available? To say, in other words, the procedural law is concerned with enforcement of those rights and liabilities determined in accordance with the rules of the substantive law. The Court shall endeavor to pronounce judgment within 30 days from the conclusion of hearing. It was submitted that since such an undertaking had not been given to the High Court, a Review Petition was filed on behalf of the appellant which was dismissed in limine. The Higher Courts have revision jurisdiction and can call for the record of any case which is already decided.
Das J K: Code of Civil Procedure. If such issue is decided against him, he would be estopped from raising the same in the latter proceedings. In case of any conflict with local or special laws, the local or special law will prevail over the Civil Procedure Code. According to Section 10 of the Civil Procedure Code, 1908, when a suit is pending before a competent court, between the same parties and under the same title then, no other court in India should entertain and try such suits. The words in italics were subs.
Shobha also cited the decision of this Court in Union of India vs. Shobha urged that in the instant case the Bank had filed a revision against an interlocutory order which did not have the effect of finally disposing of the execution proceedings and consequently the revision filed on behalf of the Bank should have been dismissed by the High Court. She submitted that the direction of the trial Court entitled the decree holder Bank to recover the decretal amount as well as the cost of litigation by auction sale of the hypothecated vehicle, and if any amount remained to be paid even after 8the auction sale of the Matador, then the same could be recovered from the other properties of the defendants. In case the local or general law is silent on any matter, then the provisions of the civil procedure code will prevail. Second appeal on no other grounds. Shobha referred to the decision of this Court in Shiv Shakti Coop. The Bank filed a Revision Petition against the said order of the Executing Court dated 1 st November, 2002, and also applied for interim orders therein.
Comments i Subsequent event may be taken into consideration by the Court, while exercising review jurisdiction; Board of Control of Cricket in India v. No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court. Suits for immovable property situate within jurisdiction of different Courts. As the vehicle was not traceable, the Bank sought for order of attachment of Fixed Deposits of the guarantor allegedly made from the amounts received by him by way of pension and gratuity. Suit based upon fresh cause of action. Power to transfer suits which may be instituted in more than one Court. Jyoti Chit Fund and Finance and Ors.