enjoined by Order
XXI Rule 98 sub-rule (1) CPC the Executing Court can
direct the stranger applicant under Order XXI Rule 99 ... upon as enjoined by Order XXI
Rule 97 sub-rule (2) read with Order XXI Rule 101 and Order
XXI Rule 98. In this connection
accordance with Order XXI Rule 101 of the Code or their remedy
lay in filing an independent suit. Order XXI Rule 99 & 101 read ... Order XXI Rule 97 of the Code
and the application of the third party also necessitated adjudication of
its rights under Order XXI Rule 99
application under
Order XXI Rule 97, but it was the appellants who had filed an application un-
der Order XXI Rule 99 ... rule (1), the Court shall
proceed to adjudicate upon the application in accordance with
the provisions herein contained.]”
Order XXI Rule 99 provides thus:
“[99
behind the decree.
5.2. In order to bring the case within the scope of Order XXI Rule 99 CPC , the appellant has sought to contend ... proceedings are to be gone into.
Scope of Order XXI Rule 101 CPC :
5.3. Rule 99 Sub-rule 2 prescribes that upon such an application
provided under Rule 102 of Order XXI of
the Code. The impact of the amendment to Rules 97 to 103
of Order XXI ... interest in the
property arising between the parties under Order XXI Rule
97 or Rule 99 of the Code should be determined by the court
Order XXI Rule 104 must have been pending
as on the date of institution of proceedings under Order XXI
Rule 97 or Rule 99 ... court on an application under Order XXI Rule 97 while
Rule 100 deals with application under Order XXI Rule 99. But
it must be noticed
Amendment) Act, 1976 , there has been amendment in
Order XXI Rules 97 to 103. Order XXI Rule 97 deals
with the resistance or obstruction ... present case, the Rule which has fallen
for interpretation is Rule 101 of Order XXI. What was
the Rule 101 prior to 1976 Amendment
orders after adjudicating upon the
controversy between the parties as enjoined by Order
XXI Rule 97 sub-rule (2) read with Order XXI Rule ... enjoined by Order
XXI Rule 98 sub-rule (1) CPC the Executing Court can
direct the stranger applicant under Order XXI Rule 99
obstructionist and by invoking Order XXI Rule 97 and 98 and also Order XXI Rule
26 (2) of the CPC , seeks to set aside ... Order XXI Rule 26 (2) of the CPC ,
which are called into play, for better appreciation, are quoted hereunder :-
Order XXI Rule 97 & 99
upon as enjoined by Order
XXI, Rule 97 Sub-rule (2) read with Order XXI, Rule
101 and Order XXI, Rule 98. In this connection ... appellant and to pass appropriate orders under Order
XXI, Rule 97 Sub-rule (2), CPC read with Order XXI,
Rule 98, CPC as indicated
