Supreme Court · 1997 INSC 49 · Decided 22 January 1997

Brahmdeo Chaudhary v. Rishikesh Prasad Jaiswal and ANR.

Court
Supreme Court of India
Citation
1997 INSC 49 · [1997] 1 S.C.R. 463
Case number
CIVIL APPEAL No. 12088/1996
Decided
22 January 1997
Bench
A.S. ANAND, S.B. MAJMUDAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

Civil Procedure Code, 1908-0rder XX!, Rules 35, 97, 98, 99, 101, 105--Stranger to the decree-Occupying decretal premises in his own right-Resisting execution of the decree--Approaches the executing court to adjudicate upon his right-Held: The executing court is bound to adjudicate upon the upon the objections raised by the stranger before handing over possession-Asking the stranger to move application under Order XX!, Rule 99 after handing over possession will result in patent breach of natural justice. A decree was passesd in favour of respondent No.1, in a suit for eviction

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