Order 21 rule 97 and order 21 rule 99

VAKEELSAB (Querist) 18 October 2014 This query is : Resolved
Greetings to All,

If during execution proceedings a property in the EP is delivered to the DHR and no obstruction was made by the JDR and also a third party who is not party to the decree by Order 21 rule 97 or by way of Order 21 rule 99. Further the EP is pending for delivery of the other properties. In this context can a third party who is dispossessed from the property file a fresh suit for declaration of title. Order 21 rule 102 suggest that no fresh suit if the third party is dispossessed? Please enlignten me.

Regards
Rohit.

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adv. rajeev ( rajoo ) (Expert) 19 October 2014
There is no bar to him to file a suit for declaration, but if he filed it will be dismissed.

Rajendra K Goyal (Expert) 19 October 2014
Yes he can file, chances of dismissal are more.

Devajyoti Barman (Expert) 19 October 2014
no suit lies in this case.

ajay sethi (Expert) 19 October 2014
agree with Mr barman

Advocate Bhartesh goyal (Expert) 19 October 2014
Yes,No such suit lies.

VAKEELSAB (Querist) 19 October 2014
BUT HERE THE PERSON DISPOSSED HAS NOT FILED O.21 R 97 or O.21 R 99 CPC THEN WHAT IS THE SCENARIO. PLS QUENCH ANY AUTHORITY PLEASE.

REGARDS
ROHIT

T. Kalaiselvan, Advocate (Expert) 20 October 2014
The reply to your query lie in O21 R101 of CPC, the provisions of which are matching to your query. For authority you may have took for one yourself.

VAKEELSAB (Querist) 20 October 2014
Order 21 r 101 comes in to operation only if there is application under o.21 rule 97 or 99...This is my understanding?..pls clarify if I'm correct

T. Kalaiselvan, Advocate (Expert) 20 October 2014
You are absolutely right that on an application under order 21 rule 97 or 99 the provisions of rule 101 will apply, however, my contention was that while you have relief under the said provisions, why do you want to go for a fresh suit(?)

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