AI Overview...
- Order 21 Rule 35 CPC - Use of Force by Executing Court
- Main points and insights:
- Order 21 Rule 97 CPC empowers the executing court to decide disputes regarding resistance, obstruction, or claims to property during the execution of a decree. The court can examine objections raised by third parties claiming rights over the property or resisting delivery (02700001519, 02500109433, 01300007699).
- The court's jurisdiction under Rule 97 is to determine whether resistance or obstruction is valid or whether the objector has a right to claim or resist possession, without necessarily resorting to force initially (01700008234, 01700055335).
- If resistance or obstruction is found, the court can pass appropriate orders, including directing the use of force if necessary, to execute the decree, but only after proper adjudication of claims (00800011162, 01300007699).
- The court has the authority to re-issue warrants or take coercive measures if resistance persists, but such actions are contingent upon prior determination of objections under Rule 97 (00300024973).
- The remedy for resistance includes filing objections under Rule 97, and the court may decide on these objections, including whether to use force, after hearing the parties (02700001519, 01700008234, 00800011162).
- Analysis and Conclusion:
- The executing court can use force during the execution of a decree under Order 21 Rule 35 CPC, but only after it has adjudicated objections under Rule 97 regarding resistance or obstruction. The court's power to use force is thus conditional upon prior legal proceedings to determine the validity of resistance claims. It cannot arbitrarily resort to force without following the prescribed legal process, ensuring that the rights of third parties or claimants are duly considered (02700001519, 01700008234, 01300007699).
Search Results for "Order 21 Rule 35 1 Cpc the Executing Court can Use Force"
1973 0 Supreme(MP) 76 • India - Madhya Pradesh
SHIV DAYAL, G.L.OZA
Civil P.C., 1908 - O. 21, Rr. 35, 97 & 98 - resistance by third person executing Court when has no jurisdiction to dispossess him-possession ... and until (a) it holds that such a person is bound by the decree, or (b) it makes an order under Order 21, rule 98, CPC., which ... under Order 21, rule 97, complaining resistance or obstruction. ... Such a reply may itself constitute a ....
1983 0 Supreme(Raj) 197 • India - Rajasthan
M.C.JAIN
Finding of the Court: The court held that the application under Order 21, Rule 97, CPC is not mandatory and the decree-holder ... The court held that the application under Order 21, Rule 97, CPC is not mandatory and the decree-holder is not bound to move the ... EXECUTION OF DECREE - WARRANT OF POSSESSION - RESISTANCE OR OBSTRUCTION - APPLICATION UNDER ORDER 21#HL_END....
2010 0 Supreme(Kar) 826 • India - Karnataka
ANAND BYRAREDDY
CODE OF CIVIL PROCEDURE, 1908 - Sections 38 & Order 21 Rule 97: [Anand Byrareddy, J] Re-issue of Delivery warrant - Held, The Executing ... Court cannot re-issue delivery warrant without deciding the application filed by the petitioner, under Order 21 Rule 97 resisting ... the Execution Petition, in the light of law laid down by the Supreme Court, in the case of Brahmdeo Chaudhary v Rishikesh Prasad ... ... When t....
2019 0 Supreme(Raj) 146 • India - Rajasthan
PUSHPENDRA SINGH BHATI
Constitution of India – Article 226/227 – Civil Procedure Code, 1908 – Order 14, 21 Rule 1, 58 & 97 – Section ... Findings of the court: Court below has rightly observed that original documents and ... 151 – Petition against order impugned passed by learned Civil Judge – Seeking reliefs kindly be quashed and set aside the order ... under Order 21 Rule 58 CPC. .....
2022 0 Supreme(All) 116 • India - Allahabad
or interest in the property can resist delivery of possession even by filing an objection under Order 21 Rule 97 CPC in the executing ... 21 Rule 97 and Order 21 Rule 99 CPC - Maintainability of application under Order 21 Rule 97 CPC by a person claiming independent ... 21 Rule 97 ....
1998 4 Supreme 155 • India - Supreme Court
K.VENKATASWAMI, A.P.MISRA
21, Rule 97, has to be decided by the Executing Court itself. ... by Executing Court in accordance with provisions of Rule 101 of Order 21-Fresh suit for such adjudication-Not required to be filed ... So, under Order 21, Rule 101 all disputes between the decree-holder and any such person is to be adjudicated by the Executing Court ... In #HL_ST....
2024 Supreme(Online)(MP) 36972 • India - High Court of Madhya Pradesh
SHRI JUSTICE GAJENDRA SINGH, J
the provisions of Order 21 Rule 97 and 101 - The court held that the executing court has jurisdiction to decide all questions arising ... (A) Civil Procedure Code, 1908 - Section 115 - Order 7 Rule 11 - Order 21 Rule 97 and 101 - Civil Revision challenging the rejection ... be determined at the stage of an application under Order 7 Rule 11 - Th....
• India - Bombay High Court
SMT. ANUJA PRABHUDESSAI, J
can resist execution and seek adjudication under Order 21 Rule 97 - Court cannot shy away from deciding claims relating to right ... (A) Civil Procedure Code, 1908 - Order 21 Rules 97, 99, and 101 - Execution of Decree - Appellants claim independent right, title ... ... ... Findings of Court: ... The executing court failed to exercise its jurisdiction properly; the appellate court confirmed thi....
1997 0 Supreme(Guj) 407 • India - Gujarat
H.R.SHELAT
104 of Order 21 CPC. ... Procedure Code, 1908 - Order 21, Rules 97, 98, 101 & 103 - Application alleging resistance or obstruction - Executing Court invested ... The remedy of the aggrieved party after the Executing Court passes the order is to prefer the appeal because under Rule 103 the order ... In view of this decision, the Executing court....
1998 0 Supreme(Pat) 723 • India - Patna
A.N.TRIVEDI, J.N.DUBEY
under order XXI Rule 97 CPC Informing, the executing, court about the resistance/obstruction in the execution of decree and no stranger ... XXI Rule 97(1) and other rules under Order XXI. ... , court under order XXI Rule 97 CPC - It is not correct to say that only the decree - holder who is entitled to make an application ... necessary by assault or by use of cr....
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