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money decree or as a mortgage decree. The execution of the
money decree is not made dependent on first applying ... concerned
with the correctness or otherwise of the decree under
execution. Therefore, this submission of the learned
counsel
Supreme Court of India
Civil Procedure Code (V of 1908), s. 48--Execution of
decree--Application after 12 years from decree and 3 years ... final order on the last previous
application for execution. The decree-holder contended that
the judgment-debtor had "fraudulently purchased
Supreme Court of India
delivery of possession of property
sold in execution of decree--Period of limitation prescribed
in Article 134 and not Article ... possession cannot be equated to an application for execution
of decree.
HEADNOTE:
The mortgagee decree-holder in execution
Supreme Court of India
September 14, 1951, the
Gwalior Court transferred the decree for execution to
Allahabad, and on October 16, 1951, the appellant ... Code deal with execution of
decree., passed by the courts governed by the Indian Code.
The decree could
Supreme Court of India
been passed by that court
only. If the decree in execution was not passed by it, it
had no jurisdiction ... other
order relating to the decree or execution which might have
been made by the court of first instance
Supreme Court of India
regarded as a claim to property attached in
execution of the decree and therefore within Article 11 of the
Limitation ... attachment before Judgment and an attachment in execution of decree
except that the one is prospective and, after the condition
Madras High Court
number of cases that
such proceedings relate to execution of decree when the decree-holder
is the purchaser. See Madhusudan ... that the provisions relating to sales relate to
execution of decree), and the whole as already stated appear under
Calcutta High Court
open
to the plaintiff to apply for execution of the decree. The question now
before us was only dealt with ... execution proceedings relating to the stay of execution of the decree
within the meaning of Section 244, Clause
Madras High Court
This is a matter arising in execution of
the decree in O.S. No. 74 of 1896 which was brought ... governed by the period of limitation prescribed for execution
of decree and reference was casually made to Article
Madras High Court
mutation of names. At the sale held in execution of decree
passed on foot of the prior mortgage the mortgagees ... first two defendants, the mortgagee
auction-purchasers in execution of decree of the prior mortgage, are
rightfully in possession, whether
Allahabad High Court
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