THE FIRST SCHEDULE · ORDER XXI Execution of Decrees and Orders · Resistance of delivery of possession to decree-holder or purchaser

Order XXI Rule 97: Resistance or obstruction to possession of immovable property

The Code of Civil Procedure, 1908

(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.

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

Footnotes in the official text

1.Subs. by s. 72, ibid., for sub-rule (2) (w.e.f. 1-2-1977).

Questions on this rule

1 question in 4 of our papers cite Order XXI Rule 97. Try these from the free papers:

1. In Brahmdeo Chaudhary v. Rishikesh Prasad Jaiswal, (1997) 3 SCC 694, the Supreme Court considered a stranger to a decree who, claiming an independent right, title and interest, resisted the decree-holder's attempt to take possession. The Court held that:

Practise questions on Civil Procedure Code