CPC| Order For Rateable Distribution Of Property Among Various Decree Holders Bars Them From Setting-Off Their Individual Debt: Kerala High Court
2 years, 9 months ago

CPC| Order For Rateable Distribution Of Property Among Various Decree Holders Bars Them From Setting-Off Their Individual Debt: Kerala High Court

Live Law  

The Kerala High Court recently ruled that under the Code of Civil Procedure, when there is an order of rateable distribution for a property in favour of separate decree holders, one of them cannot claim to set-off their entire debt from the sale proceeds. "A conjoint reading of Section 73 and Order XXI Rule 72 would show that whenever a set-off is allowed, the order of rateable distribution shall have to be reckoned with and only after ascertaining the proportionate amount entitled by the decree holder-purchaser, his entitlement to set off can be decided. Thus, the 1st respondent sought to set aside the sale arguing that the Execution Court allowed the appellant's application to participate in the auction and to allow set-off without notice to the 1st respondent. The Execution Court set aside the sale holding that the order of rateable distribution was in vogue despite confining the auction to 18 cents.

Property Court Sale Order Cpc Set 1St Ker Distribution Decree Holders Entitled Section 73 Order Xxi Rule Order Xxi Rateable Distribution Rateable 18 Cents  rateable  settingoff  high  1st  various  sale  set  order  individual  kerala  property  holders  distribution  court  entitled  decree

History of this topic

Consolidation Of Suits Not Provided In CPC, Joint Trial Depends On Equity, Justice, Convenience And Necessity: Kerala High Court
2 months, 1 week ago

Consolidation Of Suits Not Provided In CPC, Joint Trial Depends On Equity, Justice, Convenience And Necessity: Kerala High Court

Live Law  

The Kerala High Court, while refusing to order a joint trial of suits, observed that the Civil Procedure Code does not specifically provide for consolidation of suits. The principle of prejudice may also be taken into account when the court orders a joint trial.” Reliance was placed on several Supreme Court decisions including Chitivalasa Jute Mills v. Jaypee Rewa Cement. …

Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court
2 months, 3 weeks ago

Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court

Live Law  

The Kerala High Court observed that though, under the Consumer Protection Act, there is no provision to stay the execution of an order passed by the District or State Commission, the Commissions possess inherent power to stay the same. Entertainment of an appeal and stay of proceeding pursuant to order impugned in the appeal stands at different footings, at two …

[O.21 R.95] Buyers Of Property From Auction Purchaser Can Make Application Before Executing Court To Obtain Possession: Karnataka HC
7 months, 4 weeks ago

[O.21 R.95] Buyers Of Property From Auction Purchaser Can Make Application Before Executing Court To Obtain Possession: Karnataka HC

Live Law  

The Karnataka High Court has held that purchasers of a property from the auction purchaser can make an application before the executing court for obtaining possession of the properties from the owners/occupants. Appellants argued that they being the purchasers from the auction purchaser can very much maintain an application under Order 21 Rule 95 CPC inasmuch as they stepped into …

Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court
1 year, 6 months ago

Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court

Live Law  

The Kerala High Court recently laid down that the failure to raise objections before the proclamation of sale as prescribed under Order XXI Rule 90 CPC does not preclude the appellant from challenging the sale if the mandatory procedures under Order XXI Rule 64 were not complied with. Order XXI Rule 64 CPC deals with the power of the court …

Order XXI Rule 90 CPC | Stranger To Suit Can Challenge Sale If Entitled To Share In Rateable Distribution Of Assets: Kerala High Court
1 year, 7 months ago

Order XXI Rule 90 CPC | Stranger To Suit Can Challenge Sale If Entitled To Share In Rateable Distribution Of Assets: Kerala High Court

Live Law  

The Kerala High Court on Wednesday clarified that a person, including a stranger to the suit apart from the judgment debtor or those claiming derivative title from the judgment debtor, is competent to challenge a sale of property under Order XXI Rule 90 of the CPC if their interests are affected by the sale.A Division Bench of Justice Anil K …

Objection Filed After Sale Of Attached Property Barred Under Order 21 Rule 58 CPC, Family Courts Should Be Careful: Kerala High Court
1 year, 9 months ago

Objection Filed After Sale Of Attached Property Barred Under Order 21 Rule 58 CPC, Family Courts Should Be Careful: Kerala High Court

Live Law  

The Kerala High Court recently held that an objection cannot be filed after the sale of attached property has been confirmed, as per the bar under proviso to Order 21 Rule 58. The Family Court allowed the claim petition filed by the 1st respondent and lifted the attachment finding that, there was nothing to prove title of the 2nd respondent …

[O21 R64 CPC] Executing Court To Attach Only Such Portion Of Property For Sale As Is Necessary To Satisfy Decretal Amount: AP High Court
2 years, 2 months ago

[O21 R64 CPC] Executing Court To Attach Only Such Portion Of Property For Sale As Is Necessary To Satisfy Decretal Amount: AP High Court

Live Law  

In a recent case Justice B.S. Bhanumathi of Andhra Pradesh High Court set aside the order of the Execution Court for sale of attached property at a meager value to satisfy a small decretal amount. The Decree Holder filed Execution Petition for realization of the decreed amount by putting 5 Acres schedule of property for sale as per Order 21 …

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