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Showing contexts for: ejectment execution in Nand Lal vs Inderjit And Ors. on 21 January, 1992Matching Fragments
5. Under Section 47, C.P.C, the question arising between the parties to the suit, relating to the execution, can be determined. Where a question for decision does not arise between the parties to the suit or their representatives, it cannot be decided under this Section. Admittedly, objector is not claiming himself to be a representative of the judgment-debtors. The only recourse available to him is a separate suit and not an objection petition under Section 47, C.P.C.
6. The next question which arises for determination is whether any person not claiming through the judgment-debtors, can file objections on the ground that he is not liable to be ejected in execution of decree obtained by decree-holders against judgment-debtors. This proposition is squarely covered by a Division Bench judgment of this Court in Harijan Wood Workers Production-cum-Sales Co operative Society Ltd, v. Smt, Maya Wati, A. I. R. 1985 P. & H. 181. In this case, where provisions of Order 21, rule 97, C.P.C. eame up for consideration before the Division Bench of this Court, it was held as under :--
"From a bare reading of the aforesaid Rules, it is clear that if a decree-holder is resisted or obstructed by any person in obtaining possession of the property, he can make an application under Rule 97 complaining of the resistance or obstruction. The person causing resistance or obstruction is not entitled under that rule to make an application. However, if the decree-holder makes the necessary application, the person causing the resistance or obstruction is entitled to defend his conduct. In other words at this stage he is entitled to be in defensive but cannot take an offensive step. In case he wants to take such step he can do so under Rule 99 but after surrendering possession. The Rule has been framed to protect the decree-holder from frivolous claims by third persons. All questions arising between the parties to the proceedings, on an application under Rule 97 or Rule 99 and relevant to the adjudication of the application are now required to be determined by the Court dealing with the application. However, if the person in possession wants to raise any dispute before surrendering possession, he can do so by filing a suit for declaration of his title to the property. During the pendency of the suit, he can protect his possession by making an application for temporary injunction. The Court will dispose of the application on merits grant relief of temporay injunction if the plaintiff is able to establish prima facie strong case in his favour. Therefore, we are of the opinion that any person other than the judgment- debtor cannot file an objection petition under Rule 97 on the ground that he is not liable to ejectment in execution of a decree obtained by the decree-holder against the judgment-debtor."