Heard Mr. G.K. Nama, learned counsel appearing for the appellant.

2. This is an appeal under Section 100 of CPC questioning the legality of the judgment dated 14.12.2015 delivered in Title Appeal No.06 of 2015 by the District Judge, Unakoti Judicial District on affirming the judgment dated 30.03.2015 delivered in Title Suit No.09 of 2014 passed by the Civil Judge (Senior Division), Kailashahar, Unakoti Judicial District.

3. Earlier, the suit being Title Suit No.08 of 2011 was instituted for declaration of exclusive right, title and interest over the suit land measuring 0.10 acre as described in the schedule of the plaint and for recovery of the said land evicting the defendants. The suit was decreed and thereafter the decree was put in the execution. In the execution proceeding, the appellant filed an objection under Section 47 of the CPC raising the plea that the decree cannot be executed for not impleading the proforma-defendant No.4 of the suit being Title Suit No.09 of 2014. The executing court having the competence to adjudicate the said issue, in view of Section 47 of the CPC which clearly provides that all questions arising between the parties to the suit in which