Execution Proceedings – Claim Petition – Re-agitation – Constructive Res Judicata Where a claim petition filed earlier under Order XXI Rule 58 CPC has been dismissed and the order has attained finality, a subsequent claim petition seeking the same relief is barred by the principle of constructive res judicata. A party cannot re-agitate the same claim by invoking another provision under Order XXI CPC. (Paras 6, 7, 8)

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Execution Proceedings – Claim Petition – Re-agitation – Constructive Res Judicata

Where a claim petition filed earlier under Order XXI Rule 58 CPC has been dismissed and the order has attained finality, a subsequent claim petition seeking the same relief is barred by the principle of constructive res judicata. A party cannot re-agitate the same claim by invoking another provision under Order XXI CPC. (Paras 6, 7, 8)

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Executing Court – Scope – Cannot Go Behind Decree

An Executing Court cannot go behind the decree which has attained finality in law and is bound to execute the decree as it stands. Allegations such as collusion or fraud, when already considered and rejected earlier, cannot be re-agitated in execution proceedings. (Paras 6, 8)

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Limitation – Delay in Filing Claim Petition

A claim petition filed after an inordinate delay, despite knowledge of attachment proceedings, is liable to be rejected as being beyond limitation. Filing such application after a long lapse of time indicates absence of bona fides. (Para 6)

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Enjoyment Certificate – No Title or Possessory Right

An enjoyment certificate or similar document does not confer title or exclusive possessory rights over the property and cannot form the basis for setting aside execution proceedings. (Paras 6, 8)

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Remedy after Dismissal of Claim Petition

Where a claim petition is dismissed, the appropriate remedy is to institute a separate suit under Order XXI Rule 58(5) CPC to establish rights over the property. Failure to avail such remedy renders the earlier order conclusive. (Para 9)

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Second Appeal – Absence of Substantial Question of Law

In the absence of any substantial question of law and where the findings are based on settled legal principles and appreciation of facts, the second appeal is liable to be dismissed at the stage of admission. (Paras 10, 11)

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Result

Second Appeal dismissed at the admission stage. No costs. Pending applications, if any, stand closed. (Para 11)