Case Note & Summary
The appeal arises from an execution proceeding in E.P. No. 161/2016 on the file of the I Additional Senior Civil Judge, Ballari. The respondent, K. Ramappa, had filed O.S. No. 45/2012 seeking declaration of title over four acres of land in Sy. No. 2 of Janekunte village, Ballari, and a direction to defendants 2 and 3 to disburse compensation amount to him. The suit was decreed. The appellants, who are the daughters of late Belagalappa and sisters of the first defendant in the suit, filed an application under Order 21 Rule 97 read with Section 47 and 151 CPC in the execution proceeding, claiming that they were in possession of the suit property and that the decree was obtained fraudulently. The execution court dismissed their application on the ground that they were not parties to the suit and therefore could not maintain the application. The High Court framed the issue whether the appellants could file an application under Order 21 Rule 97 CPC. The court analyzed the provisions of Order 21 Rule 97 CPC, which states that where any person other than the judgment-debtor is dispossessed of immovable property in execution of a decree, such person may make an application to the court complaining of such dispossession. The court held that the language of Order 21 Rule 97 CPC is wide enough to include any person, including a stranger to the decree, who is obstructed in possession. The execution court erred in dismissing the application solely on the ground that the appellants were not parties to the suit. The court set aside the impugned order and remanded the matter back to the execution court for fresh consideration of the appellants' application on merits, in accordance with law.
Headnote
A) Civil Procedure Code - Execution Proceedings - Order 21 Rule 97 - Third Party Claim - The question was whether the appellants, who were not parties to the original suit, could file an application under Order 21 Rule 97 CPC in the execution proceeding initiated by the respondent. The court held that Order 21 Rule 97 CPC provides a remedy to any person, including a stranger to the decree, who is obstructed in possession of the property in execution. The execution court must adjudicate such claims. (Paras 1-3)
Issue of Consideration
Whether the appellants, who were not parties to the original suit, could file an application under Order 21 Rule 97 of the Code of Civil Procedure, 1908 in the execution proceeding initiated by the respondent.
Final Decision
The High Court allowed the appeal, set aside the order of the execution court dated 16.04.2019 in E.P. No. 161/2016, and remanded the matter back to the execution court for fresh consideration of the appellants' application under Order 21 Rule 97 CPC on merits, in accordance with law.
Law Points
- Order 21 Rule 97 CPC provides remedy to any person including strangers to decree who is obstructed in possession of property in execution
- Execution court must adjudicate claims of third parties under Order 21 Rule 97 CPC
- Order 21 Rule 97 CPC is not confined to parties to suit
