Published on: 23 November 2022 at 10:31 IST
Court – Supreme Court of India
Citation – Ghasi Ram v/s Chait Ram Saini (1998) 6 SCC 200
Hon’ble Supreme Court of India has held that the execution under the provision of Order 21 Rule 98 of the Code of Civil Procedure, 1908 is considered deemed final between the parties as it is not subject to any other proceedings.
The only alternate option to assail the impugned Execution Order is filing a fresh suit under the provision of Order 21 Rule 103 of the Code of Civil Procedure, 1908
Para – 8
The word “conclusive” appearing in Rule 103 indicates that it creates a presumption in favour of facts relating to rights to property as well as legality of the matter stated in the order. Such an order passed under Rule 98 is not subject to any further enquiry in any other proceeding, except by bringing a fresh suit under Rule 103.
Thus, in view of the conclusiveness attached to the order passed by the executing court on an application filed under Rule 97, which is subject to result of a suit, if any, filed under Rule 103, is not assailable in any other proceedings. In case no suit is filed under Rule 103, the order passed under Rule 98 is final between the parties.
Accordingly, we are of the opinion that the High Court could not have entertained the revision since it suffered from “other cause of a like nature” which precluded it from deciding the rights of the parties on facts.
Drafted By Abhijit Mishra
Key Words – Due Care, Execution, Fresh Suit.