⚖️ LEGAL LEARNING SHRI GANPATI JURISTS Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates shri ganpati jurists (advocate vineet mittal) / best advocate / lawyer in bathinda/ top law firm
Third-Party Objections in Execution Proceedings
📌 A. Civil Procedure Code, 1908 – Order XXI Rules 97, 99 & 26(2):
• Rule 97: Only a decree-holder or auction purchaser can seek removal of obstruction in taking possession.
• Rule 99: A third party may object only after dispossession and must establish a superior legal right.
• Rule 26(2): This provision is available only to judgment-debtors to seek stay of execution—not applicable to third parties.
📌 B. Auction Objections & Limitation Principles:
• Objections related to auction procedure (e.g., deposit, documentation) must be raised by the judgment-debtor, not third parties.
• Limitation Law - Article 127: Any challenge to execution or sale certificates must be made within the prescribed limitation period—delayed claims are not maintainable.
📌 C. Res Judicata Doctrine:
• Repeated challenges to a confirmed auction sale are barred.
• Once a court has upheld a sale certificate, further litigation on the same issue is not permissible.
✅ Conclusion:
Third parties have limited rights in execution proceedings and can’t obstruct unless dispossessed and possessing a better legal title. Courts protect the finality of judicial sales and execution.
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