Search Results for "Decree Holder Substitution"

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Search Results for "Decree Holder Substitution"

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High Court

Bombay High Court Allows Civil Revision Application in Execution Proceedings — Decree Holder Cannot Seek Execution Against Legal Representatives Without Proper Substitution. The court held that execution against legal representatives of a deceased judgment-debtor without substituting them in place of the deceased is not maintainable under Order 21 Rule 22 of the Code of Civil Procedure, 1908.

14 Feb 2014

The case involves a civil revision application filed by the legal representatives of the original defendant (Sukhlal Bhivsan Dhobi) against the decree...

High Court

High Court of Karnataka Quashes Executing Court Order in Specific Performance Execution — Decree Holder Cannot Seek Execution Against Legal Representatives Without Proper Substitution. Executing Court Erred in Allowing Execution Against Judgment Debtors Who Were Not Parties to the Original Suit and Were Not Substituted as Legal Representatives of the Original Judgment Debtor.

29 Apr 2025

The petitioners, who are the legal representatives of the original judgment debtor Jinappa Jayapal Khot, filed a writ petition under Articles 226 and ...

Supreme Court

Supreme Court Dismisses Appeals Against High Court Orders Declaring Abatement and Rejecting Substitution in Second Appeal. Non-Substitution of Legal Heir of Co-Appellant Results in Whole Appeal Abating Where Decree is Joint and Indivisible, and Delay Condonation Denied as No Sufficient Cause Shown Under Order XXII CPC and Limitation Act.

1 Jan 1970

The dispute arose from a civil suit for declaration, recovery of possession, and mesne profits regarding a house. The plaintiff claimed exclusive titl...

High Court

Bombay High Court Dismisses Judgment Debtors' Revision Against Execution Decree in Land Possession Case — Order XXII Rule 2 CPC Application Rejected as Death of Decree Holder Occurred After Decree, No Abatement. The court held that Order XXII Rule 2 applies only to pending suits, not execution proceedings, and the death of a decree holder after decree does not cause abatement.

3 Feb 2014

The case involves a Civil Revision Application filed by the judgment debtors (applicants) against an order of the Civil Judge, Junior Division, Chalis...

High Court

Bombay High Court Allows Substituted Petitioning Creditor in Insolvency Proceedings Based on Original Act of Insolvency. Hire Purchase Claim Held Valid as Debt Under Presidency Towns Insolvency Act, 1909 Despite Lack of Decree.

17 Oct 2006

The Insolvency Petition was originally filed by Mandvi Cooperative Bank Ltd. based on an award of the Cooperative Court dated 7th August 2000. An Inso...

High Court

Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

29 Oct 2013

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

High Court

Bombay High Court Considers Whether Official Assignee Can Adjudicate Claims Without a Pre-existing Decree Under Presidency-Towns Insolvency Act, 1909. Legal Question Framed for Determination Concerning the Scope of the Official Assignee's Adjudicatory Powers Under Sections 6, 46, and 48 of the Presidency-Towns Insolvency Act, 1909.

2 Jul 2026

The matter arose out of two insolvency petitions where a creditor lodged a claim with the official assignee. The official assignee took the position t...

High Court

Bombay High Court Allows Revision Application in Civil Suit — Upholds Right of Heirs to Seek Impleadment Under Order 22 Rule 4 CPC. Court holds that abatement of suit against deceased defendant does not automatically bar substitution of legal representatives if application is made within limitation.

31 Oct 2014

The case arises from a civil suit filed by the respondents (original plaintiffs) against several defendants, including Balbhim Govind Deshpande (origi...

High Court

High Court of Karnataka Dismisses Petition Challenging Impleading of Legal Representatives in Suit for Specific Performance. Order Allowing Substitution Under Order 22 CPC Upheld as Proper Exercise of Discretion.

26 Aug 2014

The petitioners, who were not parties to the original suit, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging a...

High Court

High Court of Karnataka Allows Revision Petition for Delivery of Possession Under Order 21 Rule 95 CPC — Decree Holder Entitled to Possession After Court Sale Confirmation. The court held that once a court auction sale is confirmed, the purchaser has a right to delivery of possession under Order 21 Rule 95 CPC, and the executing court cannot dismiss such application.

30 Apr 2014

The petitioner, the decree holder in O.S.No.222/1996, had obtained a money decree against the respondent for Rs.1,15,500/-. In execution proceedings (...

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