ADVOCATEMMMOHAN: Order XXI Rules 97 & 101 CPC – Maintainability – Judgment Debtor – Not a Third Party An application under Order XXI Rules 97 and 101 CPC is not maintainable at the instance of a judgment debtor, as such remedy is intended for third parties or strangers to the decree. Where the applicant is a defendant in the suit and bound by the decree, she cannot invoke the said provisions to re-agitate issues relating to title, possession or extent of property. (Para 2)

Tuesday, April 21, 2026

Order XXI Rules 97 & 101 CPC – Maintainability – Judgment Debtor – Not a Third Party An application under Order XXI Rules 97 and 101 CPC is not maintainable at the instance of a judgment debtor, as such remedy is intended for third parties or strangers to the decree. Where the applicant is a defendant in the suit and bound by the decree, she cannot invoke the said provisions to re-agitate issues relating to title, possession or extent of property. (Para 2)

advocatemmmohan

Order XXI Rules 97 & 101 CPC – Maintainability – Judgment Debtor – Not a Third Party

An application under Order XXI Rules 97 and 101 CPC is not maintainable at the instance of a judgment debtor, as such remedy is intended for third parties or strangers to the decree. Where the applicant is a defendant in the suit and bound by the decree, she cannot invoke the said provisions to re-agitate issues relating to title, possession or extent of property. (Para 2)

Execution Proceedings – Scope – Objections Barred

Questions relating to extent, measurements or alleged excess inclusion of property, which could have been raised during trial or appellate proceedings, cannot be raised in execution proceedings by filing an application under Order XXI Rules 97 and 101 CPC. (Para 2)

Section 47 CPC – Scope – Cannot Go Behind Decree

Though the executing Court has jurisdiction to determine questions relating to execution, discharge or satisfaction of the decree, it cannot examine the correctness, legality or validity of the decree or entertain objections that ought to have been raised in the suit or appellate proceedings. (Para 2)

Civil Revision Petition – Maintainability – Registry Objection Upheld

Where the Civil Revision Petition is filed against an order dismissing an application which itself is not maintainable, the objection raised by the Registry regarding maintainability is valid and the revision is liable to be dismissed. (Para 3)

Result

Civil Revision Petition dismissed. No order as to costs. Pending interlocutory applications, if any, stand closed. (Paras 3, 4)

ADVOCATEMMMOHAN