AIR 1999 PATNA 130 ::(1999) 3 CivLJ 434 ::(1999) 1 BLJ 49 ::(1999) 1 Pat LJR 19

Patna High Court

Hon'ble Judge(s): J. N. Dubey, Ashish N. Trivedi , JJ

Civil P.C. (5 of 1908) , O.21 R.97(1)— Scope - Third party to decree filing caveat that he is not bound by decree - Execution Court has to follow procedure under Rr. 97 to 103 - Words "any person" in R. 97(1) - Include total stranger to decree. The word 'any person' as contemplated by Order XXI, Rule 97, sub-rule (1), CPC are comprehensive enough to include apart from the judgment-debtor or any one claiming through him even persons claiming independently and therefore they are total strangers to the decree and could lawfully resist/obstruct the execution of the decree for possession and in that situation the decree-holder cannot be permitted to by-pass the procedure prescribed under Order XXI, Rule 97, sub-rule (1) and the other Rules under Order XXI and the decree-holder is not entitled to have recourse and insist for reissuance of warrant of possession under Order XXI, Rule 35 with the help of police force. It is settled that whenever an obstruction or resistance is made by any person whomsoever in the execution of decree by the decree-holder there is no other option for the decree-holder except to move the Execution Court under Order XXI, Rule 97, CPC and the Execution Court is obliged to adjudicate the right, title and interest of the obstructionist/resister after notice to him in the manner prescribed under Rules 98 to 103 of Order XXI, CPC which is a c....