Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Objections - Framing of issues - Decree whether obtained by collusion of D.H. with J.D. - Question of fact is involved - To be decided after framing of issues and affording an opportunity to parties to lead evidence...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Scope - Objection of O.21.Rr.97 to 103 CPC is to provide mechanism to decide the dispute as to right, title or interest in the suit property in execution proceedings itself and to bar separate suit, even if such objections are raised by a stranger to a decree...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Eviction decree - Execution - Son of tenant raised an objection that he was in possession of property since childhood and was not bound by the decree and in possession of property in his own right and a stranger could challenge execution of decree - Held, son was occupying property only through his father and could not..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 24 -- Execution - Decree for possession of immovable property - Third party claiming to be in possession as tenant or co-tenant can resist execution of decree of eviction if he was not a party thereto on ground that decree would, if executed, oust him from decretal property - Application by objector seeking transfer of..........
Civil Procedure Code, 1908, Section 9, 47, Order 21, Rule 97, 99, 101 -- Suit for possession - Possession taken by defendants in execution of decree - Availing remedy U.O.21.Rr.97, 99 & 101 and S.47 is permissible...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Resistance to delivery of possession to decree holder or purchaser - Held, there must be some kind of dispute between decree holder and some person with regard to the delivery of possession of the property - When there was no dispute or resistance to the delivery of possession and the possession was taken by decree holder..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Executio, Objections - Third party objections - Executing Court ordering to hold enquiry into claim/objections raised by third party - No illegality...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Framing of issues - There is no need to frame an issue and give an opportunity to lead evidence to the parties where the facts are clear...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Where objections prima facie are frivolous, vexatious and intended to delay, then these are not liable to be put to trial as otherwise it would amount to abuse of process of the Court...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Execution of eviction order - Objections filed by J.D. dismissed and upheld upto Supreme Court - Thereafter petitioner claimed himself to be real tenant filed third party objections stating that he was not bound by the..........
