BHANWAR LAL versus SATYANARAIN AND ANR.

BHANWAR LAL versus SATYANARAIN AND ANR.

A decree holder is entitled to apply for removal of obstruction to possession against any person under Order 21 Rule 97 CPC; courts must treat applications brought under Rule 35(3) as applications under Rule 97 if the obstruction is by someone not bound by the decree. The bar of limitation and res judicata does not arise when successive applications address new causes of obstruction, and the court must conduct an enquiry as provided under Order 21 Rules 97-102.

Parties
Appellant: Bhanwar Lal; Respondent: Satyanarain; Applicant: Lakshminarain
Jurisdiction
India
Judgment Date
04 October 1994
Procedural Posture
Civil Appeal / Supreme Court Appeal After High Court Revision and Review
Outcome
Appeal allowed
Legal Topics
Execution of Decrees, Order 21 Rule 35(3), Order 21 Rule 97, Limitation, Res Judicata, Third Party Obstruction
Civil Procedure Execution of Decrees Order 21 Rule 35(3) Order 21 Rule 97 Limitation Res Judicata Third Party Obstruction

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Parties

Bhanwar Lal

Appellant

Satyanarain

Respondent

Lakshminarain

Applicant

Procedural Posture

Civil Appeal / Supreme Court Appeal After High Court Revision and Review

Legal Issues

  1. 1 Whether an application under Order 21 Rule 35(3) CPC for removal of obstruction by a third party not deriving title through the judgment debtor can be treated as one under Order 21 Rule 97.
  2. 2 Whether dismissal of successive applications under Order 21 Rule 97 CPC as barred by limitation and res judicata was legal.

Ratio Decidendi

A decree holder is entitled to apply for removal of obstruction to possession against any person under Order 21 Rule 97 CPC; courts must treat applications brought under Rule 35(3) as applications under Rule 97 if the obstruction is by someone not bound by the decree. The bar of limitation and res judicata does not arise when successive applications address new causes of obstruction, and the court must conduct an enquiry as provided under Order 21 Rules 97-102.

Court Disposition

Appeal allowed

Orders

  • Orders of the High Court and Executing Court set aside.
  • Executing Court directed to conduct enquiry for removal of obstruction for delivery of possession covered by the decree and pass appropriate orders according to law.