Delivered by: M.R. SHAH and B.V. NAGARATHNA

Subject: Order XXI Rule 101 CPC

Held:

Claims raised by an obstructer including questions relating to right, title or interest in the property in execution proceedings filed by the decree holder against the judgment debtor, has to be adjudicated upon by the Executing Court in the execution proceedings itself. “Therefore, as per Order XXI Rule 101 CPC, all questions including questions relating to right, title or interest in the property arising between the parties to a proceeding on an application under Order XXI rule 97 or rule 99 CPC and relevant to the adjudication of the application shall have to be determined by the Court dealing with the application and for that a separate suit is not required to be filed.