ORDER XXI  SALE OF IMMOVABLE PROPERTY - RULE 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 OF CODE OF CIVIL PROCEDURE 1908

What is Resistance or obstruction to possession of immovable property? What are Orders after adjudication? What is Dispossession by decree-holder or purchaser? What are the Order to be passed upon application complaining of dispossession? What are the Question to be determined? What is the meaning of Rules not applicable to transferee pendent lite? What are Orders to be treated as decrees? What is the meaning of Order under rule 101 or rule 103 to be subject to the result or pending suit? What is Hearing of application, Setting, aside orders passed ex parte, etc.? Rule 97, 98, 99, 100, 101, 102, 103, 104, 105 and 106 of Order XXI of Code of Civil Procedure 1908

Resistance or obstruction to possession of immovable property, Orders after adjudication, Dispossession by decree-holder or purchaser, Order to be passed upon application complaining of dispossession, Question to be determined, Rules not applicable to transferee pendent lite, Orders to be treated as decrees, Order under rule 101 or rule 103 to be subject to the result or pending suit, Hearing of application, Setting and aside orders passed ex parte, etc. are defined under Rule 97, 98, 99, 100, 101, 102, 103 and 104  of Order XXI of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 97 Order XXI of Code of Civil Procedure 1908 "Resistance or obstruction to possession of immovable property"

(1)Where the holder of a decree for the possession of immovable property or the purchaser of any such property sold in execution of a decree is resisted or obstructed by any person in obtaining possession of the property, he may make an application to the Court complaining of such resistance or obstruction.

(2) Where any application is made under sub-rule (1), the Court shall proceed to adjudicate the upon the application in accordance with the provisions herein contained.

Rule 98 Order XXI of Code of Civil Procedure 1908 "Orders after adjudication"

(1) Upon the determination of the questions referred to in rule 101, the Court shall, in accordance with such determination and subject to the provisions of sub-rule (2),-

(a) make an order allowing the application and directing that the applicant be put into the possession of the property or dismissing the application; or

(b) pass such other order as, in the circumstances of the case, it may deem fit.

(2) Where, upon such determination, the Court is satisfied that the resistance or obstruction was occasioned without any just cause by the judgment-debtor or by some other person at his instigation or on his behalf, or by any transferee, where such transfer was made during the pendency of the suit or execution proceeding, it shall direct that the applicant be put into possession of the property, and where the applicant is still resisted or obstructed in obtaining possession, the Court may also, at the instance of the applicant, order the judgment-debtor, or any person acting at his instigation or on his behalf, to be detained in the civil prison for a term which may extend to thirty days.

Rule 99 Order XXI of Code of Civil Procedure 1908 "Dispossession by decree-holder or purchaser"

(1) Where any person other than the judgment-debtor is dispossessed of immovable property by the holder of a decree for the possession of such property or, where such property has been sold in execution of a decree, by the purchaser thereof, he may make an application to the Court complaining of such dispossession.

(2) Where any such application is made, the Court shall proceed to adjudicate upon the application in accordance with the provisions herein contained.

Rule 100 Order XXI of Code of Civil Procedure 1908 "Order to be passed upon application complaining of dispossession"

Upon the determination of the questions referred to in rule 101, the Court shall, in accordance with such determination,-

(a) make an order allowing the application and directing that the applicant be put into the possession of the property or dismissing the application ; or

(b) pass such other order as, in the circumstances of the case, it may decree fit.

Rule 101 Order XXI of Code of Civil Procedure 1908 "Question to be determined"

All questions (including questions relating to right, title or interest in the property) arising between the parties to a proceeding on an application under rule 97 or rule 99 or their representatives, and relevant to the adjudication of the application, shall be determined by the Court dealing with the application and not by a separate suit and for this purpose, the Court shall, notwithstanding anything to the contrary contained in any other law for the time being in force, be deemed to have jurisdiction to decide such questions.

Rule 102 Order XXI of Code of Civil Procedure 1908 "Rules not applicable to transferee pendent lite"

Nothing in rules 98 and 100 shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgment-debtor has transferred the property after the institution of the suit in which the decree was passed or to the dispossession of any such person.

Explanation.-In this rule, "transfer" includes a transfer by operation of law.

Rule 103 Order XXI of Code of Civil Procedure 1908 "Orders to be treated as decrees"

Where any application has been adjudicated upon under rule 98 or rule 100, the order made thereon shall have the same force and be subject to the same conditions as to an appeal or otherwise as if it were a decree.

Rule 104 Order XXI of Code of Civil Procedure 1908 "Order under rule 101 or rule 103 to be subject to the result or pending suit"

Every order made under rule 101 or rule 103 shall be subject to the result of any suit that may be pending on the date of commencement of the proceeding in which such order is made, if in such suit the party against whom the order under rule 101 or rule 103 is made has sought to establish a right which he claims to the present possession of the property.

Rule 105 Order XXI of Code of Civil Procedure 1908 "Hearing of application"

(1) The Court, before which an application under any of the foregoing rules of this order is pending, may fix a day for the hearing of the application.

(2) Where on the day fixed or on any other day to which the hearing may be adjourned the applicant does not appear when the case is called on for hearing, the Court may make an order that the application be dismissed.

(3) Where the applicant appears and the opposite party to whom the notice has been issued by the Court does not appear, the Court may hear the application ex parts and pass such order as it thinks fit.

Explanation.-An application referred to in sub-rule (1) includes a claim or objection made under rule 58.

Rule 106 Order XXI of Code of Civil Procedure 1908 "Setting, aside orders passed ex parte, etc"

(1) The applicant, against whom an order is made under sub-rule (2) rule 105 or the opposite party against whom an order is passed ex parte under sub-rule (3) of that rule or under sub-rule (1) of rule 23, may apply to the Court to set aside the order, and if he satisfies the Court that there was sufficient cause for his non-appearance when the application was called on for hearing, the Court shall set aside the order or such terms as to costs, or otherwise as it thinks fit, and shall appoint a day for the further hearing of the application.

(2) No order shall be made on an application under sub-rule (1) unless notice of the application has been served on the other party.

(3) An application under sub-rule (1) shall be made within thirty days from the date of the order, or where, in the case of an ex part order, the notice was not duly served, within thirty days from the date when applicant had knowledge of the order.

Home     About Us     Privacy Policy     Disclaimer     Sitemap