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ALOK KUMAR VERMA
Upendra Kumar Sharma alias Bhagat – Appellant
Versus
Anirudh Kumar – Respondent
JUDGMENT :
Alok Kumar Verma, J.
The respondent had instituted an Original Suit (O.S. No.76 of 1991, “Anirudh Kumar Vs. Jyoti Prasad and Others”), seeking decree of partition. The present appellants were not party to the said Suit. The Trial Court passed a preliminary decree on 16.12.2000. The respondent-plaintiff was declared the owner of 1/3 share in the land bearing Khasra No.1601. Keshaw Dutt and Others, the defendants of the said original suit, had filed a Civil Appeal (No.05 of 2001) against the judgment and decree dated 16.12.2000. On receipt of information about the said Appeal, an Application under Order I Rule 10 of the Code of Civil Procedure, 1908 was filed by the present appellants. The said Application was dismissed by the Appellate Court and the Civil Revision, filed by the present appellants, was also dismissed by this Court.
2. The respondent-plaintiff had filed an Application (Miscellaneous Case No.44 of 2001) to execute the judgment dated 16.12.2000. The present appellants had filed an Application under Order XXI Rule 99 CPC seeking dismissal of the said Miscellaneous Case No.44 of 2001. The said Application (Miscellaneous Case No. 07 of 2017) was dismissed. The appe
Possession claims under Order XXI require actual dispossession; non-dispossessed individuals may seek relief through Order XXI Rule 97.
A party must provide valid reasons for any delay in filing applications and demonstrate the relevance of evidence to the case, as per the procedural rules under the CPC.
Court ruled that procedural amendment requests should be allowed even after the trial begins, provided they clarify existing claims and do not introduce new issues.
Joint tenants cannot be dispossessed without due process, and their rights devolve upon the death of the original tenant.
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 duty of the Executing Court to entertain and decide questions arising out of execution proceedings, as provided under Section 47 of CPC and Order 21 Rule 97 to Rule 101.
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