Any Person Under Order XXI Rule 97(1) CPC Means All Persons Including Strangers To Original Suit: Gauhati High Court

Any Person Under Order XXI Rule 97(1) CPC Means All Persons Including Strangers To Original Suit

Case: Sri Kulendra Nath Kakati & Anr. v. Sri Bhabesh Baruah & Ors.

Coram: Justice Robin Phukan

Case No.: CRP/113/2019

Court Observation: “However, a person, including a stranger, could maintain a petition under Rule 97 of Order XXI and object and get adjudication when he sought to be dispossessed by the decree holder. The expression ‘any person’ under sub-clause (1) Rule 97 includes ‘all person’.”

Previous Posts

Avoid Shortcut Approach In Judgments; Courts Must Adjudicate All Issues: Supreme Court

Framing Of Charge- Probative Value Of Materials Cannot Be Gone Into, Material Brought On Record By Prosecution To Be Accepted As True: Delhi HC

Short Term Permit For Extraction Of Minor Minerals Can Be Granted On Application Made To Competent Authority, Public Auction Not Required: Bombay HC

Bank Entitled To Proceed U/S 13 SARFAESI Act Notwithstanding That Debt Portfolio Was Assigned To It By NBFC: Bombay High Court

Acquittal of Delinquent Employee in a Criminal Case Does Not Debar Employer from Proceeding with Disciplinary Enquiry: Supreme Court

Mere Breach of Contract Cannot Give Rise to Criminal Prosecution for Cheating: Supreme Court

Order Allowing Review Petition Must Be Speaking & Reasoned Order As To What Was The Error Apparent On The Face Of Record: Supreme Court

Regional Labour Commissioner Cannot Exercise Adjudicatory Powers In Proceedings Under Sec. 33(1) Of Industrial Disputes Act: Delhi High Court

Supreme Court Bars Charging Compound Interest Or Penal Interest On Any Borrower During Loan Moratorium; Refuses Moratorium Extension Download Judgement

Non Placing & Non Consideration Of Bail Order Vitiates Detaining Authority Subjective Decision: Tripura HC Sets Aside Detention Order

Preventive Detention Not Tenable When Other Penal Laws Sufficient to Deal with the Situation: Gujarat High Court

Writ Petition to Initiate In-House Inquiry against Judges Alleging Misconduct Not Maintainable: Kerala High Court