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C.P.C.,

(Querist) 06 November 2009 This query is : Resolved 
In a claim petition under order 21 rule 58 basing on un-registered agreement, the said claim petition is maintainable?
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Raj Kumar Makkad (Expert) 06 November 2009
Order 21 Rule 58 contains the Principal for execution of decree for possession applicable for execution of decree and it has no connection with unregistered agreement because it is meant for execution of decree. Executing court cannot go behind decree.
V.V.RAMDAS (Expert) 08 November 2009
yes the claim petition is maintanable under Order 21 Rule 58 C.P.C even thogh it is unregistered.

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