Supreme Court · 1994 INSC 431 · Decided 4 October 1994

Bhanwar Lal v. Satyanarain and ANR.

Court
Supreme Court of India
Citation
1994 INSC 431 · [1994] SUPP. 4 S.C.R. 208
Case number
CIVIL APPEAL No. 3651/1990
Decided
4 October 1994
Bench
K. RAMASWAMY, S.C. AGRAWAL, N. VENKATACHALA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 35(3); Limitation Act

Headnote

Code of Civil Procedure, 1908 : C Order 21-Rule 35(3)-Rule 97 Scope and distinction between-- Decree-Execution-Obstruction by third party not deriving title through judg­ ment debtor-:Decree holder's application under Judgment debtor-:Decree holder's application under Rule 35(3)-Whether can be be· came final. Thereafter when the first respondent obstructed delivery of possession the appellant liled an application under Order 21 Rule 35(3) of the Code of Civil Procedure, 1908 for police assistance but the Court directed him to Ille application under Order 21 Rule 97.

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