'Any Person' Includes All Resisting Possession, Executing Courts Empowered To Adjudicate Obstruction Claims Under O.21 R.97 CPC: J&K High Court
Live LawThe High Court of Jammu and Kashmir and Ladakh has reaffirmed the broad jurisdiction of executing courts under Order 21 Rule 97 of the Code of Civil Procedure. It added, “Therefore, the executing court is empowered to examine and determine such claims within the execution proceedings, eliminating the need for institution of a separate litigation” These observations arose from an appeal challenging the dismissal of a civil suit by the trial court, which had held that the plaintiffs had an alternate remedy before the executing court under Order 21 Rules 99 to 103 CPC. The Court further emphasized that the amendment of 1976 to the CPC expanded the jurisdiction of executing courts, making them the sole authority to decide all claims relating to possession within execution proceedings itself. Observing that separate Suit not maintainable when execution remedy exists the Court upheld the trial court's decision, affirming that any challenge to possession should be raised before the executing court under Order 21 Rules 99 to 103 CPC and a separate suit is barred when an alternate remedy exists within execution proceedings. The plaintiffs should have contested the execution under Rule 99, which allows third parties to object if dispossessed by a decree-holder, the court stated and added, “The intent of the legislature in amending Order 21 was to prevent unnecessary litigation by consolidating all execution-related claims within the executing court itself,” Addressing a key argument by the plaintiffs was that the execution proceedings had occurred in 1976, before the amendment introduced Rules 97 to 103, the Court cited Section 97 of the CPC Amendment Act, 1976, which explicitly states that: "Amended provisions shall apply to all pending suits and proceedings, irrespective of when the cause of action arose.” Accordingly, the Court held that the amended rules were applicable, reinforcing that the plaintiffs' claim should have been adjudicated within execution proceedings and not through a fresh suit.
History of this topic
Jammu & Kashmir And Ladakh High Court Weekly Round-Up March 3 - March 9, 2025
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