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CR-9620-2025 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR-9620-2025

Date of decision: 19.12.2025

Jitender Aggarwal ...Pe(cid:30)(cid:30)oner

Versus

Hari Chand and others ...Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present: Ms. Ritu Pathak (Legal Aid Counsel)

for the pe))oner.

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DEEPAK GUPTA, J. (ORAL)

The pe))oner is the decree holder in Execu)on Case No. CIS-

Exe-470-2017 )tled “Jitender v. Hari Chand and others”, pending before the

learned Civil Judge (Junior Division), Gurugram. He has invoked the

revisional jurisdic)on of this Court assailing the order dated 30.08.2025,

whereby his applica)on seeking dismissal of objec)ons filed by

respondents No.2 to 10 was dismissed by the Execu)ng Court.

2. Briefly stated, the pe))oner—Jitender Aggarwal—had filed an

evic)on pe))on under Sec)on 13 of the Haryana Urban (Control of Rent

and Evic)on) Act, 1973, seeking ejectment of respondent No.1—Hari

Chand, from the demised premises. The tenant was proceeded ex-parte

and, upon considera)on of ex-parte evidence, an evic)on order came to be

passed on 25.08.2017. ThereaDer, the pe))oner ini)ated execu)on

proceedings for enforcement of the said evic)on order.

3. During execu)on, several persons, namely respondents No.2 to

10 herein, filed independent objec)ons resis)ng delivery of possession. The

pe))oner moved an applica)on contending that such objec)ons were not

maintainable and were barred by Sec)on 47(3) read with Explana)on II of

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CR-9620-2025 [2]

the Code of Civil Procedure, 1908, as the objectors were neither par)es to

the evic)on proceedings nor could be permiEed to obstruct execu)on

under the garb of third-party claims. The Execu)ng Court, however,

dismissed the said applica)on, leading to the present revision.

4. The objec)ons filed by Ajay and Vijay Pal (respondents No.7

and 8) disclose a detailed chain of )tle, asser)ng that the property in

ques)on was purchased in an open auc)on by Ram Singh and Ra) Ram in

execu)on of a decree against Gumani Ram and Udmi Ram, who were

predecessors of the decree holder. It is alleged that this material fact was

deliberately concealed by the pe))oner while seeking evic)on. Subsequent

transfers culmina)ng in ownership claims of the objectors were also

pleaded.

5. Similar objec)ons were raised by Rajeev Jain (respondent

No.3), who traced his )tle through Ram Chander and Sumer Chand.

Respondents No.2 and 9 claimed rights through their grandmother, who

allegedly purchased the property from Ram Kishan, son of Banarsi Dass,

one of the par)es to the original suit. Respondents No.4 and 10 claimed

deriva)ve rights through subsequent transfers. All objectors alleged that

the evic)on order had been obtained by suppressing material facts and by

playing fraud upon the Court.

6. Per contra, the decree holder argued that the objec)ons were

a mala fide aEempt to delay execu)on and that, in view of Sec)on 47(3)

CPC and Explana)on II thereto, such objec)ons were barred and liable to be

rejected at the threshold.

7. The Execu)ng Court, aDer considering the rival submissions,

held that the objectors were asser)ng independent rights in the suit

property and were not claiming through the judgment-debtor. It was

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CR-9620-2025 [3]

further held that their objec)ons were squarely covered under Order XXI

Rules 97 to 101 CPC. Since issues had already been framed and evidence

had been led by the objectors, the applica)on seeking dismissal of

objec)ons was found to be devoid of merit.

8. Upon careful considera)on, this Court finds no infirmity in the

approach adopted by the Execu)ng Court. Sec)on 47 CPC is confined to

ques)ons arising between the par)es to the suit or their representa)ves

and rela)ng to execu)on, discharge or sa)sfac)on of the decree.

Explana)on II merely clarifies that a transferee pendente lite is deemed to

be a representa)ve of a party. However, it does not exclude adjudica)on of

claims raised by strangers asser)ng inde