AI Overview...
- When to Accept Application under Order 21 Rule 26 CPC
Main Points and Insights:
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Scope of Order 21 Rule 26 CPC: This rule pertains to applications for stay of execution or for other interim relief during the pendency of execution proceedings. An application under this rule is considered when a party seeks to prevent or delay the enforcement of a decree temporarily (e.g., stay of sale or attachment).
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Conditions for Acceptance:
- The application must be supported by proper procedural filings, including valid grounds such as irregularity, fraud, or jurisdictional errors (INDMAD00000386771).
- The application should be filed in accordance with the prescribed procedure, including service of notice to the judgment debtor (00900011712).
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It should not be merely a delaying tactic but should demonstrate genuine grounds for the relief sought (01100021767).
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Timing and Filing:
- The application can be filed at any stage of the execution proceedings but must be within the time limits prescribed or as permitted by the court (01100021767).
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In cases where a sale or attachment is challenged, the application under Order 21 Rule 26 may be accepted if there are procedural deficiencies or irregularities, such as lack of proper service or notice (00900011712).
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Relevant Judicial Principles:
- The court evaluates the merit of the application, considering whether the applicant has established sufficient cause or procedural lapses (00100064695).
- The application is not meant to be a substitute for appeal but a temporary relief measure pending the final decision (02300032420).
Analysis and Conclusion:
An application under Order 21 Rule 26 CPC should be accepted when the applicant demonstrates valid procedural grounds, such as irregularities, lack of proper notice, or jurisdictional issues, and files the application within the permissible period. The court's primary concern is to prevent misuse of the process and ensure procedural compliance. Proper service, supporting documentation, and genuine grounds are essential for acceptance. The application is typically considered a temporary measure, pending the final disposal of the main execution proceedings.
Search Results for "When to Accept Application under Order 21 Rule 26 Cpc"
2020 5 Supreme 31 • India - Supreme Court
L.NAGESWARA RAO, DEEPAK GUPTA
Code of Civil Procedure, 1908 - Order XXI Rule 90 - Application ... R-1 filed an application under Order XXI Rule 90 of the CPC/ ... The Executing Court rejected the application of R-1 filed under Order XXI Rule 90/ ... Even if we accept the case of R-1, at best, the period from 26.12.2007 to 21.04.2008 can be excluded. If we exclude that per....
2025 Supreme(Online)(Mad) 59339 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J
The application not being supported by appropriate procedural filings was deemed non-maintainable. ... inspection of property in ongoing litigation concerning encroachment allegations - High Court affirms the lower court's dismissal of application ... all affected parties, particularly when third-party claims to the property exist and highlighted procedural deficiencies in the application ... The Court below should first deal the application filed under Order 41 Rule 27 CPC#H....
2025 Supreme(Online)(Chh) 9907 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Rakesh Mohan Pandey, J
(A) Arbitration and Conciliation Act, 1996 - Section 34 - Application against an ex-parte award for recovery of a significant sum ... case: ... The petitioner disputed an arbitration award for a substantial claim of Rs. 2,05,82,962/- and sought to quash a court order ... He further submits that the application under Order 21 Rule 46 of CPC was moved by the respondent and thereafter, pursuant to the order passed by the learned Commercial Court, an af....
1974 0 Supreme(Del) 29 • India - Delhi
YOGESHWAR DAYAL
21 Rule 26(1) CPC. ... STAY OF EXECUTION - ORDER 9 RULE 13 CPC - SECTION 17 PROVINCIAL SMALL CAUSE COURTS ACT - SECTION 145 CPC - ORDER 21 RULE 26 CPC ... decree during pendency of an application under Order 9 Rule 13 read with section 151 of the Code of Civil Procedure, which appl....
2012 0 Supreme(Guj) 151 • India - Gujarat
M.R.SHAH
Order 21 Rule 2(a) — Adjustment — Judgment-Debtor’s credit amount towards taxes — Application for by judgment debtor — Rejection ... 21 Rule 2 of the Code of Civil Procedure and therefore, the Corporation is not entitled to adjust the amount which is given credit ... has already been adjusted in the subsequent bills — The same is given credit therefore nothing was due — Executing Court did not accept ... 21 Rule 2(....
2016 0 Supreme(Del) 3897 • India - Delhi
BADAR DURREZ AHMED, ASHUTOSH KUMAR
Civil Procedure Code, 1908 - Order 9 Rule 6, 13 - Order 5 Rule 9, 17, 18 - Evidence Act, 1872 - Section ... having been proved within the period of limitation - Appeal being time barred - There is no reason to interfere with the impugned order ... While dealing with the aforesaid application under Order IX Rule 13 of the CPC referred to above, the learned Single Judge on 26.11.2012 framed the foll....
2021 0 Supreme(MP) 504 • India - Madhya Pradesh
SUBODH ABHYANKAR
(2) Designs Act, 2000 -- Ss. 19 and 22 -- jurisdiction -- entry inregister of design can only be made when application ... raised by defendant as provided u/s.22(3), entries in register of designs have to be cancelled -- hence, it cannot be said that application ... No.01/2020, which is an application for grant of temporary injunction under Order 39 rule 1 & 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) as also heard on an applica....
1999 0 Supreme(Cal) 354 • India - Calcutta
BIJITENDRA MOHAN MITRA, SURYA KUMAR TIWARI
The judgment debtor filed an application under Order 21, Rule 90 of the Code of Civil Procedure to set aside the sale on the ground ... The court also held that the lack of proper service of notice on the judgment debtor under Order 21, Rule 22 of the Code of Civil ... The court also found that there was no proper service of notice on the judgment debtor under Order 21, Rule 22 o....
2006 0 Supreme(Kar) 667 • India - Karnataka
CHIDANANDA ULLAL, H.N.NAGAMOHAN DAS
26 Rule 13 of CPC. ... A party to the preliminary decree is therefore entitled to file petition/application under Order 20 Rule 18 CPC to draw the final ... Further Order 20 Rule 18 CPC do not specify as to what are the particulars to be mentioned in a petition/application to draw the ... A petition/application to draw final decree is not a plaint and need not contain the materia....
1998 0 Supreme(P&H) 73 • India - Punjab and Haryana
SAT PAL
CIVIL PROCEDURE CODE - ORDER 21, RULE 11(2) - EXECUTION APPLICATION - NOT AN EXECUTION APPLICATION - DECREE-HOLDER SEEKING DIRECTIONS ... TO JUDGMENT-DEBTOR - APPLICATION NOT AN EXECUTION APPLICATION UNDER ORDER 21, CPC. ... Issues: Whether the application filed by the decree-holder was an execution application under Order 21....
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