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Nitin Awachar (lawyer)     10 December 2010

Non-joinder Of Necessary Party

Non-joinder of necessary party - Plea neither raised in suit nor in first appeal - Not considered by High Court in second appeal - Decree Challenged in Court executing decree.

Q. 1.  Whether the Court treat the application under Order.XXI Rule. 97 challenging decree as a Suit?

Q. 2. Whether the executing Court consider the plea in that suit?


 6 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 December 2010

Since it goes to the root of the case so it will be agitated by the party affected and may go upto SC.

Y ARAVIND (ADVOCATE)     10 December 2010

It is settled position that the executing court cannot go beyond decree.  Objection for execution of decree can be raised Under Section 47 of CPC.   XXI Rule 97 relatest o objection in respect of immovebale property.  

Jithendra.H.J (Lawyer)     11 December 2010

when it is not agitated in the appropriate stage, JDR can not rise this before the executing court

Nitin Awachar (lawyer)     11 December 2010

I have searched through and find this pls refr. AIR 1998 SC 1827 also AIR 2002 SC 251.

I specially thank you all for the words and time.

Adv. Nitin Awachar

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 December 2010

Please share with us what was the result.


sec 47 C.P.C will also come into this purview

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