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Section 47 CPC Applications Raising Property Rights After Decree to Be Treated as Application Under Order 21 Rule 97: Supreme Court

10 Mar 2025 3 min read
Section 47 CPC Applications Raising Property Rights After Decree to Be Treated as Application Under Order 21 Rule 97: Supreme Court

The Supreme Court recently clarified the application of Section 47 of the Code of Civil Procedure (CPC and Order XXI Rule 97, emphasizing that when an application under Section 47 raises issues of right, title, or interest in the property, it will be treated as an application under Order XXI Rule 97, which addresses resistance or obstruction to possession by third parties. Distinction Between Section 47 CPC and Order 21…

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