Ghan Shyam Das v Anant Kumar Sinha (1991)

CPC & Limitation Act · Execution of Decrees — Modes, Attachment & Sale (ss.36–74, O.21)

Facts.

A dispute in execution raised the question whether affected persons must file separate suits or could get relief within the execution proceedings themselves.

Issue.

Does Order 21 provide a self-contained mechanism for the remedies of parties and claimants in execution?

Held.

Order 21 is a complete code in itself: it lays down a comprehensive procedure for execution and its own remedies for the decree-holder, judgment-debtor and third-party claimants, so that they need not resort to separate suits.

Why it matters.

It is the standard opening authority for any execution answer, explaining why Order 21 is so detailed.

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