Back
DEVASHIS BARUAH
Gopal Ghosh – Appellant
Versus
Surajit Gope S/O Late Nikhil Gope – Respondent
JUDGMENT :
This is an appeal under Section 100 against the Judgment and Decree dated 09.12.2022 passed in Misc. Appeal No. 02/2021 by the Court of the learned Civil Judge, Lakhimpur, North Lakhimpur, whereby the appeal filed against the rejection of an application under Order XXI Rules 97/99 and 101 of the Code of Civil Procedure, 1908 (for short, the Code) was affirmed. This Court by an order dated 08.05.2024 had admitted the said plea by formulating a substantial question of law, which reads as under:-
2. The question, therefore, arises in the instant appeal as to whether the learned Executing Court as well as the First Appellate Court were justified in dismissing the application and relegating the appellant to file a separate suit. Taking into account the short question, this Court had therefore, taken up the matter today as any delay in disposal of the instant proceedings would neither be in the interest of the decree holder nor the appellant.
3. I have heard Mr. A.R.
A third party claiming under a judgment debtor cannot file an application under Order XXI Rule 97; they must file under Rule 99 instead.
The executing court is competent to consider all questions raised by the persons offering obstruction against execution of the decree and pass appropriate order, which is to be treated as a decree. T....
The court reinforced that obstruction claims in execution proceedings must be heard to uphold rights, ensuring adherence to natural justice principles.
A judgment debtor cannot maintain an application under Order 21 Rule 97 of the CPC to resist possession, as their rights have already been adjudicated in the decree.
A person claiming independent right, title or interest in the property can resist delivery of possession even by filing an objection under Order 21 Rule 97 CPC in the executing court itself and if th....
Rule 97 read with Rule 101 of Order 21 post amendment wherein the executing court has to determine under Rule 101 Order 21 of the Code that the question raised has legally arisen between the parties ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
