Respondent filing objection in execution petition belatedly

Sec. 47 & O. 21, R. 26(1) – Respondent filing objection in execution petition belatedly – Effect of – Objections nothing but deliberate attempt to nullify decree of eviction.  The Court observed that the intervention at this belated stage of execution proceedings, in the fact and circumstances of the case, seems to be a deliberate attempt to nullify the decree passed in favour of the appellant herein as when Respondent No.1  filed objections under Sec. 47 O. 21 of the Code, he claimed to be in possession of the suit premises, however, he failed to produce any evidence except two rent receipts for the months of December, 1993 and January 1994 there too when the Respondent No. 1 in his objection petition filed in the execution proceedings of the eviction decree has himself admitted that the there exists a dispute between him and Respondent No. 2 and they had parted their way. 

Case Law:

Suresh Kumar Kohli V. Rakesh Jain 

Citation:

2018 (4) Supreme 747