Specfic prayer

Querist : Anonymous (Querist) 02 January 2012 This query is : Resolved
Dear Experts,

In a suit for declaration and possession of immovable property, decree shows that, " "Defendant", should deliver the property to Plaintiff".(Total 3 defendants)

In Plaint also relief asked only against "Defendant", other defendants(2,3) did not raised any objection in suit that no prayer of relief claimed against them.

Without objection in suit,

1)In the stage of Execution can the defendants 2 and 3 raise objection that the decree of possession will not bind them since relief of possession has not claimed or granted against them?

Please dont treat this as a Repeated Query, and please answer my query. thanking you.

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Devajyoti Barman (Expert) 02 January 2012
Where is the confusion gentleman?
If the judgment is also speaking about ' defendant ' only then why the others are so worried?
Let the plaintiff first raise any claim against them. Otherwise no necessity to make such petition beforehand.

s.subramanian (Expert) 02 January 2012
I agree with Mr.Barman.

niranjan (Expert) 02 January 2012
It depends on the issue.

prabhakar singh (Expert) 03 January 2012
The executing court can not go behind the decree and decree would be executed only against him/or those it has been passed.

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