Format of application under order 21 rule 97 read with section 47 cpc

How can you raise such a question at the execution stage, filing application under section 47,CPC you can raise questions regaring execution of decree and if you think the decree is not valid then challenge the decree and judgment in appeal . Scope of Section 47  is limited to - the execution, discharge, or satisfaction of a decree must be determined by the executing court, not by a separate suit. It ensures speedy disposal of execution.

Thank you sir for your suggestion.   The executant was illiterate but financially secure at the time the sale agreement was registered. She was later murdered by a tenant and had no direct legal heirs.    In the criminal case (session case), the decree-holder was the complainant and claimed that he was the caretaker of the 75-year-old executant. The executant was known to have substantial assets.

In the civil matter, he had avered before the Court that she had loans in the village and that he had repeatedly tried to get them cleared.  Despite all of this, he deliberately hid the existence of the criminal case while seeking to enforce the sale agreement in the civil court, thereby misrepresenting important facts to the Court.

pplications under Section 47 of the Code of Civil Procedure (CPC), when raising questions of right, title, or interest in property during execution, are to be treated as applications under Order 21 Rule 97 CPC. This allows the executing court to adjudicate claims of third-party resistance or obstruction (Rule 97) to the decree-holder's possession (Section 47). 

The executing court is required to adjudicate upon the obstruction or resistance, as per Order 21 Rule 97(2). The determination is under Rule 101, and the order has the same force as a decree (Rule 103).

A third party in possession, not on behalf of the judgment-debtor, can also trigger this process by informing the court, which then must stay execution until the obstruction is resolved.

The combined reading ensures that all questions related to the right, title, or interest in the property during execution are resolved, preventing separate lawsuits. 

The format is not a separate one, it is the same format that is applicable for any other execution petition. 

Presumably you are judgment debtor, if so, what is your objection, it will have to be stated in the application before Executing Court dealing with the subject petition.

Non-joinder of a necesssary party cannot be adjudicated by the Executing Court under order XXXI Rule 97 CPC which reads as:

Order 21 Rule 97 of the Code of Civil Procedure (CPC) enables a decree-holder or auction-purchaser facing resistance or obstruction from "any person" (including strangers or tenants) during the execution of a decree for possession of immovable property to file an application for adjudication of the dispute by the executing court.

There is no prescribed format for filing objection under Order XXI Rule 97 CPC.