Law: Specific Relief Act, 1877

Section: 12

Law: Specific Relief Act, 1877

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: O.XXI,Rr.30,40,47,59,10,11,51

(a) Specific Relief Act (I of 1877)-------S. 12---Civil Procedure Code (V of 1908), O. XXI, Rr.30, 40, 47 & 59---Suit for specific performance of agreement to sell vehicle---Plaintiff claimed recovery of balance sale price of vehicle from defendant-vendee and his surety---Ex parte decree passed against defendant and his surety for recovery of such balance price, while restraining Excise and Taxation Authority from transferring vehicle from name of decree-holder to any body else---Execution proceedings---Custody of vehicle taken by Police in compliance of order of Executing Court---Custody of vehicle later on restored by Executing Court to intervener on superdagi after dismissing his application claiming to be its bona fide purchaser---Validity---Vehicle was not subject-matter of suit except its balance sale price---Trial Court while decreeing suit had not ordered for specific performance of agreement, rather had passed decree for recovery of balance sale price---Decree had not restrained sale and purchase of vehicle---Executing Court had not adopted proper procedure laid down in O.XXI, R.30, C.P.C. for execution of money decree---Duty of Executing Court might attach and sell property owned by -debtors or arrest them---Vehicle though existed in decree-holder's name, but had been recovered from possession of intervener, who was neither -debtor nor alleged to be in its possession on behalf of -debtors---Executing Court had taken custody of vehicle in absence of order of its attachment---Taking over possession of vehicle by Police would neither serve the purpose nor of any legal effect nor amount to an order for its attachment---Executing Court had rightly restored possession of vehicle to the intervener---Decree-holder could pursue his execution application within terms of decree in which same was passed---High Court disposed of both appeals filed by decree-holder and intervener in above terms. (b) Civil Procedure Code (V of 1908)--- ----S. 51, O. XXI, Rr.10 & 11---Execution of decree---Powers of Executing Court---Scope---Executing Court could not go beyond decree, rather would have to remain within its ambit, adopt procedure prescribed under law and…

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