Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99 -- Execution - Third party objections - SSC suit for eviction - When petitioner claimed that property in question had been purchased by her from its previous owner through a registered sale-deed, she had locus standi to claim that she had the right to resist her ejectment through execution proceedings instituted for..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Objection u/s 47 CPC is no substitute for remedy of appeal - It is a very limited remedy available to JD which is confined in its scope to a decision on all questions arising between parties to suit in which decree was passed relating to execution, discharge or satisfaction of decree - It is not a remedy..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101, 103 -- Execution - Objections - Compromise decree in a suit for specific performance - Objection regarding suit property is joint family property - However, objector already filed a suit for partition against JD and DH is also a party in said suit - Therefore, right, title and interest if any of objector..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Once objections have been raised regarding admissibility of document, then same has to be decided by Court either way so that affected party could take remedial steps to remove the objections or to prove the documents as per law...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Provision of O.21.R.97 CPC is meant to protect the possession of a third party whose possession is lawful and such a person cannot be evicted on the basis of decree in which they were not party...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - O.21.R.97 CPC is not meant to protect the possession of a person who is not a third party and does not have any independent right and does not claim his possession based upon his independent right over the suit property...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioner being an interested party in the suit being in possession of decreed property, has a right to raise his objections U.O.21.R.97 CPC before execution of decree - Objections at the instance of petitioner are maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution -Third party objections - Objections were rejected ex parte, as petitioner was not present on the date when objections were heard - Recall application filed by petitioner was also dismissed without considering the grounds on which it was filed - Since, reasons for non-appearance were adequately explained by..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree - Petitioner claimed to be transferee of property by a tenant who was ousted by decree of eviction - Title of decree holder is not disputed by petitioner - Documents produced by petitioner do not give any conclusive proof of title to sustain possession of petitioner so as..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree passed on the basis of compromise between DH and JD - Petitioner/objector claimed that she was owner of suit premises - However, she has not produced any title document of her having ownership over suit premises - Merely because a suit for partition was filed, same cannot..........
