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The Code of Civil Procedure, 1908: page 177

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 177, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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     1
      [98. Orders after adjudication.—(1) Upon the determination of the questions referred to in
rule 101, the Court shall, in accordance with such determination and subject to the provisions of
sub-rule (2),—
         (a) make an order allowing the application and directing that the applicant be put into the
    possession of the property or dismissing the application; or
         (b) pass such other order as, in the circumstances of the case, it may deem fit.
    (2) Where, upon such determination, the Court is satisfied that the resistance or obstruction was
occasioned without any just cause by the judgment-debtor or by some other person at his instigation or on
his behalf, or by any transferee, where such transfer was made during the pendency of the suit or
execution proceeding, it shall direct that the applicant be put into possession of the property, and where
the applicant is still resisted or obstructed in obtaining possession, the Court may also, at the instance of
the applicant, order the judgment-debtor, or any person acting at his instigation or on his behalf, to be
detained in the civil prison for a term which may extend to thirty days.
    99. Dispossession by decree-holder or purchaser.—(1) Where any person other than the
judgment-debtor is dispossessed of immovable property by the holder of a decree for the possession of
such property or, where such property has been sold in execution of a decree, by the purchaser thereof, he
may make an application to the Court complaining of such dispossession.
    (2) Where any such application is made, the Court shall proceed to adjudicate upon the application in
accordance with the provisions herein contained.                              e
                                                                             od
    100. Order to be passed upon application complaining of dispossession.—Upon the determination of
the questions referred to in rule 101, the Court shall, in accordance with such determination,—
                                                                    aC
         (a) make an order allowing the application and directing that the applicant be put into the
    possession of the property or dismissing the application; or
                                                               di
         (b) pass such other order as, in the circumstances of the case, it may deem fit.
                                                          In
    101. Question to be determined.—All questions (including questions relating to right, title or
interest in the property) arising between the parties to a proceeding on an application under rule 97 or
rule 99 or their representatives, and relevant to the adjudication of the application, shall be determined by
the Court dealing with the application and not by a separate suit and for this purpose, the Court shall,
notwithstanding anything to the contrary contained in any other law for the time being in force, be
deemed to have jurisdiction to decide such questions.
    102. Rules not applicable to transferee pendente lite.—Nothing in rules 98 and 100 shall apply to
resistance or obstruction in execution of a decree for the possession of immovable property by a person to
whom the judgment-debtor has transferred the property after the institution of the suit in which the decree
was passed or to the dispossession of any such person.
    Explanation.—In this rule, “transfer” includes a transfer by operation of law.
    103. Orders to be treated as decrees.—Where any application has been adjudicated upon under
rule 98 or rule 100, the order made thereon shall have the same force and be subject to the same
conditions as to an appeal or otherwise as if it were a decree.]
    2
      [104. Orders under rule 101 or rule 103 to be subject to the result or pending suit.—Every order
made under rule 101 or rule 103 shall subject to the result of any suit that may be pending on the date of
commencement of the proceeding in which such order, is made if in such suit the party against whom the
order under rule 101 or rule 103 is made has sought to establish a right which he claims to the present
possession of the property.
    105. Hearing of application.—(1) The Court, before which an application under any of the
foregoing rules of this Order is pending, may fix a day for the hearing of the application.
    (2) Where on the day fixed or on any other day to which the hearing may be adjourned the applicant
does not appear when the case is called on for hearing, the Court may make an order that the application
be dismissed.


1. Subs. by Act 104 of 1976, s. 72, for rules 98 to 103 (w.e.f. 1-2-1977).
2. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).

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