Order 21 CPC Archives

Res Judicata not applicable to Order 21CPC

Orissa HC: Technical defects cannot defeat decree execution; Order 21 CPC excludes Res Judicata principle

“In case of passing an order to drop the execution proceedings on the ground of any technicality, the Judgment Debtor is not precluded under law to file a fresh application for execution providing correct particulars for making the execution petition executable.”

Case Briefs High Courts

Ori HC | Exercise of power involving Application under Or. 1 R. 10 of CPC is completely different from Exercise of Power under Or. 21 Rules 97, 99 & 101 of CPC; Scope of latter is much wider

Orissa High Court: Biswanath Rath, J., rejected the application being devoid of merits. The instant C.M.P. involves allowing an Application being moved

Op Eds OP. ED.

Execution of a Decree: When does the clock start ticking?

by Sanjeev Kumar and Anshul Sehgal*