SHREENATH AND ANR. versus RAJESH AND ORS.

SHREENATH AND ANR. versus RAJESH AND ORS.

Applications/objections by persons (including tenants) resisting delivery of possession who are not parties to the suit, claiming independent rights, are maintainable both prior to and post-1976 amendment to Order 21. The executing court must adjudicate such claims within execution proceedings without relegating parties to separate suits, and 'any person' under Order 21 Rule 97(1) includes persons not bound by the decree.

Parties
Appellant: Shreenath; Respondent: Rajesh; Respondent: Prem Shanker
Jurisdiction
India
Judgment Date
13 April 1998
Procedural Posture
Civil Appeal / Supreme Court Appeal From Madhya Pradesh High Court Civil Revision No. 406 of 1983
Outcome
Appeal allowed
Legal Topics
Execution of Decrees, Obstruction of Possession, Rights of Tenants, Interpretation of Procedural Law
Civil Procedure Execution of Decrees Obstruction of Possession Rights of Tenants Interpretation of Procedural Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Shreenath

Appellant

Rajesh

Respondent

Prem Shanker

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Madhya Pradesh High Court Civil Revision No. 406 of 1983

Legal Issues

  1. 1 Whether a third party/tenant in possession, not party to a decree under execution, can object under Order 21 Rule 97 CPC
  2. 2 Scope of Order 21 Rules 97, 98, 99, 101, and 103 (pre and post-1976 amendment)
  3. 3 Interpretation of 'any person' under Order 21 Rule 97(1)

Ratio Decidendi

Applications/objections by persons (including tenants) resisting delivery of possession who are not parties to the suit, claiming independent rights, are maintainable both prior to and post-1976 amendment to Order 21. The executing court must adjudicate such claims within execution proceedings without relegating parties to separate suits, and 'any person' under Order 21 Rule 97(1) includes persons not bound by the decree.

Court Disposition

Appeal allowed

Orders

  • Orders of High Court dated 20th February, 1985 and Executing Court dated 20th April, 1983 quashed.
  • Executing Court directed to consider and dispose of the objections/application of appellants under Order 21 Rule 97, giving opportunity to parties, in accordance with law.