Execution of Decree -- Stranger Resisting Delivery of Possession -- Remedy lies under Order 21 Rule 97, full inquiry mandated
(i) Civil Procedure Code, 1908, O.21 R.97, R.101 -- Execution of Decree -- Stranger Resisting Delivery of Possession -- Where execution of a decree for possession is obstructed or resisted by any person, including a stranger to the decree claiming independent right, title or interest, the decree holder’s sole remedy lies under Order 21 Rule 97 -- Court must conduct a full-fledged inquiry under Order 21 Rule 101 into all questions, including right, title or interest, arising between the parties -- Decree holder cannot bypass such obstruction and insist on reissuance of warrant for possession under Order 21 Rule 35. (ii) Civil Procedure Code, 1908, O.21 R.58, R.97 -- Execution of Decree -- Application Filed Under Wrong Provision -- Quoting a wrong provision of law by a third-party objector in resisting delivery of possession does not justify rejection of the claim -- Substance of the application, rather than the provision cited, governs its maintainability, particularly where the obstruction raises questions of right, title or interest requiring adjudication.
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