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abhijit tendulkar (lawyer)     25 September 2010

judgements on order XXI rule 40 of cpc

friends can anyone  please provide me the judgements under order XXI rule 40 of cpc? i want the judgements for both the decree holder and for the judgement debtor ...

plz help


 4 Replies

cyberlawyer (barrister)     26 September 2010

If i am not wrong your question itself is wrong...

Is there a seperate judgment for a decree holder and judgment debtor ? No... If a suit is decreed there can be only one judgment and decree which is common for both the decree holder and judgment debtor.

On the contrary if a suit is dismissed, there is neither a decree holder nor a judgment debtor...

1 Like

mastanrao.bhogadi (advocate)     07 October 2010


What Nazeem sir answered is correct. please  post your problem Then only you can get suitable reply.Under Order21 there are so many state amendments.Please go through the judgments with care.

abhijit tendulkar (lawyer)     07 October 2010


i wanted judgement on order 21 rule 40...anyone plz help me

mastanrao.bhogadi (advocate)     12 May 2011

you are not clear on what aspect you required rulings. However please go through this rulings

AIR 1957 MAD 777

1988 (1) ALT 746

2007 (2)ALT 554

(1980) 2 MLJ 472

1999(1) CCC 218

1997 (6) ALT 730

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