Home › MCQs › Criminal Procedure Code › Question #9494
Back to Questions
Criminal Procedure Code QUESTION #9494
Question 1
A Court passes a decree directing B to hand over possession of a house to A. B vacates but his tenant T, who was not a party to the suit, refuses to vacate. A applies for execution against T. T argues he cannot be bound by a decree passed in a suit to which he was not a party. How should the Court proceed?
  • T must be impleaded as a party in a fresh suit
  • T is correct; a decree binds only parties to the suit
  • The Court can examine whether T is in possession as a representative or agent of B; if so, delivery of possession can be effected against T in execution without a separate suit✔️
  • T can only be dispossessed by a separate suit for eviction
Correct Answer Explanation
Under Order XXI CPC, a decree for possession of property can be executed against the judgment-debtor and those claiming through him, including tenants who entered possession after the suit was filed or who hold under the judgment-debtor in a representative capacity. The Court investigates T's status in the execution proceedings.