ISWAR CHANDRA MISHRA Vs. PARSURAM BEHERA

JUDGEMENT

(1.) This is a second appeal under Order 21, Rule 103, Civil Procedure Code, against an order rejecting the application under Order 21, Rule 100, C. P. C., as not maintainable.

(2.) THE applicant is a third party. He filed an application for setting aside the delivery of possession of plot No. 1417 which was not the subject -matter of the decree. The executing Court on the basis of materials held that the allegation in the application that portion of plot No. 1417 was delivered is not correct. In appeal by the applicant, it was . held by the appellate Court that plot No. 1417 not being the subject -matter in the decree the application is not maintainable.

(3.) WHEN an application is not maintainable, an enquiry under such application to give findings of fact either way would not bind the parties. They cannot be any assistance to either party nor would such findings prejudice any party. The parties are to work out their remedies available under the law. Where the authority having jurisdiction is required to consider the dispute independently without being influenced by the finding in a proceeding not entertainable.