The remedy under Order 21 Rule 99 CPC is no doubt one of the remedies available to the person dispossessed. But, we are unable to construe Order 21 Rule 99 as placing a bar on bringing an independent suit for possession, without filing an application under the said Rule. Such a bar, in our view, does not arise even by necessary implication. -2015 A.P. (2014)msklawreports
The remedy under Order 21 Rule 99 CPC is no doubt one of the remedies available to the person dispossessed. But, we are unable to construe Order 21 Rule 99 as placing a bar on bringing an independent suit for possession, without filing an application under the said Rule. Such a bar, in our view, does not arise even by necessary implication. The third party aggrieved by dispossession in execution of a decree, may make an application to the Court complaining such dispossession. If he makes such an application, all questions including questions relating to right, title and possession in the properties shall be decided in that application as if it were a full-fledged suit for title and possession and no separate suit would lie for this purpose. However, an appeal lies under Rule 103 as if the order passed on such application were a decree. We are unable to visualise the provisions of Rules 99 to 101 even after amendment as laying down an exhaustive Code on the remedies ...