https://www.taxtmi.com/caselaws?id=171065 Under Order 21 Rules 97, 98, 100, 101, 103 and 104 CPC, an executing court must adjudicate all questions of right, title and interest raised in an obstruction proceeding, and that determination is conclusive between the parties. Prior proceedings cannot be used to summarily reject the objector's independent claim unless he was conclusively bound by them. Because the appellant and his father were not parties to the suit and no adverse finding had been recorded against them in the writ proceedings, the decree did not automatically bind the appellant. The executing court was required to examine whether the claimed land fell within the decree and whether the decree-holder was attempting to encroach beyond the sale certificates. en-us Thu, 06 Oct 1994 00:00:00 +0530 Wed, 08 Jul 2015 17:29:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=171065 Under Order 21 Rules 97, 98, 100, 101, 103 and 104 CPC, an executing court must adjudicate all questions of right, title and interest raised in an obstruction proceeding, and that determination is conclusive between the parties. Prior proceedings cannot be used to summarily reject the objector's independent claim unless he was conclusively bound by them. Because the appellant and his father were not parties to the suit and no adverse finding had been recorded against them in the writ proceedings, the decree did not automatically bind the appellant. The executing court was required to examine whether the claimed land fell within the decree and whether the decree-holder was attempting to encroach beyond the sale certificates. Case-Laws Indian Laws Thu, 06 Oct 1994 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=171065