TEHRI HYDRO DEVELOPMENT CORPORATION LTD. THROUGH ITS C.M.D. Vs. SMT. JANKI DEVI D/O SRI RAITHU SINGH AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the appellant/third party.

(2.) THIS second appeal, preferred under Section 100 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 17th of July 2009, passed by the District Judge, Tehri Garhwal, in Civil Appeal No. 04 of 2008, filed by the defendants, whereby the judgment and decree dated 30th of August 2007, passed by the trial court (Civil Judge (Senior Division), Tehri Garhwal), in Suit No. 58 of 2005, decreeing the suit of the plaintiffs, is affirmed.

(3.) IT is settled principle of law that only the parties to the suit are bound by the decree passed in the suit except the case where it is a judgment in rem. An execution cannot lie against the party who was not a party in the suit or who is not legal representative of such a party. If the execution proceedings are drawn against the third party, who was neither a party in the suit nor is the legal representative, such party may raise the objection that the decree is not executable against it. When a decree is not executable against a person, he cannot be said to be an affected party by the decree passed by the court.