Code of Civil Procedure 1908 – Order XXI Rule 99– “Any person” not a party to the suit or in other words a stranger to the suit can seek redelivery, after he has been dispossessed. The term “Stranger” would cover within its ambit, a pendent lite transferee, who has not been impleaded- The difference between the rights of a decree holder qua a third party to the suit and the right of a third party after being dispossessed- Referred to Sriram Housing Finance & Investment (India) Ltd. v. Omesh Mishra Memorial Charitable Trust, (2022) 15 SCC 176 – The pendent lite purchaser has every right to defend his right, title, interest and possession – Referred to Yogesh Goyanka v. Govind, (2024) 7 SCC 524 : [2024] 7 S.C.R. 668 : 2024 INSC 510
Code of Civil Procedure 1908 – Order XXI Rule 99– Once an application under Order 21 Rule 99 is filed, it is incumbent upon the Trial Court to consider all the rival claims including the right title and interest of the parties under Order 21 Rule 101 which bars a separate suit by mandating the execution court to decide the dispute-
Limitation Act 1963 – Limitation for execution of a decree passed in the suit for partition- The time begins to run from the date of final decree and not from the date on which it is engrossed on the stamp paper. (Para 17)