MADAN LAL Vs. RAM SINGH

JUDGEMENT

(1.) THIS is a revision application by the decree-holder against an order of the executing court holding that an objection under Order 21, Rule 100 C. P. C. was maintainable by Ram Singh respondent No. 1 who was a transferee pendente lite from the judgment-debtor in a suit for possession of immovable property.

(2.) HAVING heard the learned counsel for the parties I am satisfied that the decision is erroneous, being directly in contravention of Order 21, Rule 102 C. P. C. which runs as follows: - "nothing in rules 99 and 101 shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgment-debtor has transferred the property after the institution of the suit in which the decree was passed or to the dispossession of any such person. "