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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