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Home Bare Acts Phrase: decree holderCode of Civil Procedure, 1908 Rule 97 to 106
Title: Resistance of Delivery of Possession to Decree-holder or Purchaser
State: Central
Year: 1908
.....or objection made under rule 58.] 3[106. Setting aside orders passed ex parte, etc. (1) The applicant, against whom an order is made under sub-rule (2) rule 105 or the opposite party against whom an order is passed ex parte under sub-rule (3) of that rule or under sub-rule (1) of rule 23, may apply to the Court to set aside the order, and if he satisfies the Court that there was sufficient cause for his non-appearance whom the application was called on for hearing, the Court shall set aside the order or such terms as to costs, or otherwise as it thinks fit, and shall appoint a day for the further hearing of the application. (2) No order shall be made on an application under sub-rule (1) unless notice of the application has been served on the other party. (3) An application under sub-rule (1) shall be made within thirty days from the date of the order, or where, in the case of an ex parte order, the notice was not duly served, within thirty days from the date when applicant had knowledge of the order.] __________________________ 1. Substituted by Act 104 of 1976, section 72(xxxiii), for sub-rule (2) (w.e.f. 1-2-1977). 2. Substituted by Act 104 of 1976, section.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 2
Title: Payment Under Decree
State: Central
Year: 1908
.....any money payable under a decree of any kind is paid out of Court, 1 [or a decree of any kind is otherwise adjusted] in whole or in part to the satisfaction of the decree-holder, the decree-holder shall certify such payment of adjustment to the Court whose duty it is to execute the decree, and the Court shall record the same accordingly. (2) The judgment-debtor 2 [or any person who has become surety for the judgment-debtor] also may inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decree-holder to show cause, on a day to be fixed by the Court, why such payment or adjustment should not be recorded as certified ; and if, after service of such notice, the decree-holder fails to show cause why the payment or adjustment should not be recorded as certified, the Court shall record the same accordingly, 3 [(2A) No payment or adjustment shall be recorded at the instance of the judgment-debtor unless-- (a) the payment is made in the manner provided in rule 1; or (b) the payment or adjustment is proved by documentary evidence; or (c) the payment or adjustment is admitted by, or on behalf of, the decree-holder in his reply to the.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 20
Title: Judgement and Decree
State: Central
Year: 1908
..... 1. Substituted by Act 66 of 1956, section 14, for rule 1. (w.e.f. 1-1-1957). 2. The provisions of rules 1, 3, 4 and 5 are not applicable to the Chief Court of Oudh; see the Oudh Court Act, 1925 (U.P. 4 of 1925), section 16 (2). 3. Rule 1 renumbered as sub-rule (1) of that rule by Act 104 of 1976, section 70 (w.e.f. 1-2-1977) and substituted by Act 22 of 2002, section 13 (w.e.f. 1-7-2002). 4. Inserted by Act 104 of 1976, section 70 (w.e.f. 1-2-1977). 5. Certain words omitted by Act 46 of 1999, section 28 (w.e.f. 1-7-2002). 6. Substituted by Act 104 of 1976, section 70, for "A Judge may" (w.e.f. 1-2-1977). 7. Substituted by Act 104 of 1976, section 70, for "names and description of the parties" (w.e.f. 1-2-1977). 8. Rules 6A and 6B inserted by Act 104 of 1976, section 70 (w.e.f. 1-2-1977) and substituted by Act 46 of 1999, section 28 (w.e.f. 1-7-2002). 9. Substituted by Act 104 of 1976, section 70, for certain words (w.e.f. 1-2-1977). 10. Substituted by Act 104 of 1976, section 70, for clause (b) (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 27
Title: Decree-holder to Accompany Officer Executing Warrant
State: Central
Year: 1882
Whenever the Small Cause Court issues a warrant for the arrest of a judgment-debtor or the attachment of his property, the decree-holder, or some other person on his behalf, shall accompany the officer of the Court entrusted with the execution of such warrant, and shall point out to such officer the judgment-debtor or the property to be attached, as the case may be.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 73
Title: Proceeds of Execution-sale to Be Rateably Distributed Among Decree-holders
State: Central
Year: 1908
.....of the sale shall be applied-- first, in defraying the expenses of the sale; secondly, in discharging the amount due under the decree; thirdly, in discharging the interest and principal moneys due on subsequent incumbrances (if any); and fourthly, rateably among the holders of decrees for the payment of money against the judgment-debtor, who have, prior to the sale of the property, applied to the Court which passed the decree ordering such sale for execution of such decrees, and have not obtained satisfaction thereof. (2) Where all or any of the assets liable to be ratcably distributed under this section are paid to a person not entitled to receive the same, any person so entitled may sue such person to compel him to refund the assets. (3) Nothing in this section affects any right of the Government.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 39
Title: Transfer of Decree
State: Central
Year: 1908
.....it for execution to any subordinate Court of competent jurisdiction. 1[(3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the suit in which such decree was passed.] 2[(4) Nothing in this section sh all be deemed to authorise the Court which passed a decree to execute such decree against any person or property outside the local limits of its jurisdiction.] ___________________ 1. Inserted by Act 104 of 1976, section 18(i) (w.e.f. 1-2-1977) 2. Inserted by Act 22 of 2002, section 2 (w.e.f. 1-7-2002).
View Complete Act List Judgments citing this sectionRecovery of Debts Due to Banks and Financial Institutions Act, 1993 Section 31A
Title: Power of Tribunal to Issue Certificate of Recovery in Case of Decree or Order
State: Central
Year: 1993
1[31A. power of Tribunal to issue certificate of recovery in case of decree or order (1) Where a decree or order was passed by any court before the commencement of the Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2000 and has not yet been executed, then, the decree-holder may apply to the Tribunal to pass an order for recovery of the amount. (2) On receipt of an application under sub-section (1), the Tribunal may issue a certificate for recovery to a Recovery Officer. (3) On receipt of a certificate under sub-section (2), the Recovery Officer shall proceed to recover the amount as if it was a certificate in respect of a debt recoverable under this Act.] _________________________ 1. Inserted by Act 1 of 2000, section 14 (w.r.e.f. 17-1-2000).
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 31
Title: Execution of Decree of Small Cause Court by Other Courts
State: Central
Year: 1882
If the judgment-debtor under any decree of the Small Cause Court has not, within the local limits of its jurisdiction, movable property sufficient to satisfy the decree, the Court may, on the application of the decree-holder, send the decree for execution (a) in the case of execution against immovable property situate within such local limits {Substituted by Act 7 of 1892, section 12, for "to the High Court"} [to the Madras City Civil Court or the High Court of Judicature at Fort William or Bombay, as the case may be]; (b) in all other cases (c) to any Civil Court within the local limits of whose jurisdiction such judgment-debtor, or any movable or immovable property of such judgment-debtor, may be found. Procedure when decree transferred.- The procedure prescribed by the Code of Civil Procedure (14 of 1882) {See now the Code of Civil Procedure, 1908 (Act 5 of 1908)} for the execution of decrees by Courts other than those which made them shall be the procedure followed in such cases.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 35 to 37
Title: Decree in Appeal
State: Central
Year: 1908
.....to the Appellate Court and at their expense. 37. Certified copy of decree to be sent to Court whose decree appealed from A copy of the judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall be sent to the Court which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an entry of the judgment of the Appellate Court shall be made in the register of civil suits. _______________________ 1. This rule is not applicable to the Chief Court of Oudh in the exercise of its appellate Jurisdiction; see the Oudh Courts Act, 1925 (U.P. Act 4 of 1925), section 16(3).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 41 to 57
Title: Attachment of Property
State: Central
Year: 1908
.....of execution, or to appear and show cause why he should not do so. (2) An application under sub-rule (1) shall be made on affidavit verifying the facts alleged and stating that in the belief of the deponent, the garnishee is indebted to the judgment-debtor. (3) Where the garnishee pays in the Court the amount due from him to the judgment-debtor or so much thereof as is sufficient to satisfy the decree and the costs of the execution, the Court may direct that the amount may be paid to the decree-holder towards satisfaction of the decree and costs of the execution.] 3a[46B. Order against garnishee Where the garnishee does not forthwith pay into Court the amount due from him to the judgment-debtor or so much thereof as is sufficient to satisfy the decree and the costs of execution, and does not appear and show cause in answer to the notice, the Court may order the garnishee to comply with the terms of such notice, and on such order, execution may issue as though such order were a decree against him.] 3a[46C. Trial of disputed questions Where the garnishee disputes liability, the Court may order that any issue or question necessary for the determination of liability.....
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