SALIK RAM SINGH v. A.D.J. (H.C.-L.B.). 2022 (151) ALR 634]

Civil Procedure Code. Order XXI, Rules 97, 99 and 101

A person in possession can file an objection in execution proceedings.

It is immaterial that he is not part of the decree.

Execution proceeding Application claiming an independent right as an owner in possession of property by a person not a party to decree under execution is maintainable.

Not only decree holder or a person dispossessed in execution of decree has a right to make an application to the execution Court but a person who is apprehending dispossession can also make an application to Court.

Incumbent upon execution Court to decide/adjudicate application/objection of that person to find out his rights over disputed property.

SALIK RAM SINGH v. A.D.J. (H.C.-L.B.).

[2022 (151) ALR 634]

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