MAQSOOD @ MD. MAQSOOD Vs. MD. SALIM

JUDGEMENT

(1.) By the Court-This writ application has been filed against the order dated 24.1.2008 passed in Title Suit No. 259 of 2001 (Annexure-5) passed by Sub-Judge-IX, Ranchi whereby the learned Court below rejected the application filed by the defendant/petitioner and held that the suit filed by the plaintiff/respondent is maintainable.

(2.) From perusal of impugned order, I find that the learned Court below had rejected the aforesaid application mainly on the ground that an application order Order XXI, Rule 97 is not maintainable on the behest of stranger. It was further held by learned Court below that if any stranger wants to establish his right, title and interest on the property for which a decree has already been passed he can file a suit. Accordingly, the Court below concluded that the suit is maintainable. The afore-said reason given by the learned Court below is on the teeth of the judgment of Hon'ble Supreme Court PRASANTHA BANERJI V/S PUSHPA ASHOKE CHANDANI, 2000 AIR(SC) 3567 (2) and also : TANZEEM-E-SUFIA V/S BIBI HALIMAN, 2002 AIR(SC) 3083

(3.) In the aforesaid judgments, their Lordshjp held that any person who is not party to the decree can file an application under (brder XXI Rule 97 raising objections regarding the execution of decree. The executing Court has power under Order XXI Rule 1^1 to determine right, title and interest of the aforesaid third party. It is also held in the said judgments that for the same property, another suit for declaration of right, title and interest is not maintainable