Rule 105 of CPC : Rule 105: Hearing of application.

CPC

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Explanation using Example

Example 1:

Scenario: Ramesh, a decree-holder, has obtained a court order to take possession of a property from Suresh, the judgment-debtor. However, Suresh is resisting the delivery of possession.

Application: Ramesh files an application under Order XXI, Rule 105 of the Code of Civil Procedure, 1908, seeking the court's intervention to enforce the decree.

Court Action:

  1. The court fixes a date for the hearing of Ramesh's application.
  2. On the scheduled date, Ramesh appears in court, but Suresh does not.
  3. The court decides to hear the application ex parte (in the absence of Suresh) and passes an order directing the police to assist Ramesh in taking possession of the property.

Example 2:

Scenario: Priya, a purchaser of a property at a court auction, faces ...

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