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Revision Petition No. 17 of 1949, decided on 13th December 1949, under section 115 of the Civil Procedure Code read with section 33 of the British Baluchistan Courts Regulation for revision of an order of the Senior Sub‑Judge in Baluchistan dated 1st August 1949.
O. 21, r. 99‑Provides .no remedy to person claiming possession of property attached and sold by Public auction‑Civil Procedure Code (V of 1908), 0. 21, rr. 58, 100, 103.
Order 21, Rule 99, Civil Procedure Code does not provide any remedy to a person who is in possession of a house attached and sold by public auction in execution of a decree, and who claims its possession on his own account.
This revision petition is directed against an order of the Senior Sub‑Judge in Baluchistan, dated 1st August 1949 whereby, an application filed by the petitioner Haji Sheikh Mirak under Order 21., Rule 99, Civil Procedure Code was rejected as being frivolous. I have seen this petition.
Order 21, Rule 99, Civil Procedure Code lays down only procedure for dealing with applications made by a decree‑holder or an auction purchaser under Rule 9A, of the same Order, complaining of resistance or obstruction offered to them by any person in obtaining possession of a property sold in execution of a decree. It does not provide any remedy to a person who is in possession of a house attached and sold by execution of a decree, and who claims its account. The petitioner could have sought remedy, if so advised; as provided fin Rule 58 or failing that in proceeding in the manner laid ' down in Rule 100 of the same Order, after delivering possession of the house in question. It was also open to him under Rule 103 of Order 21, Civil Procedure Code to bring a separate suit to establish his right to the possession of the property in question, if so advised.
As no application was competent in this case under Order 21, Rule 99 of Civil Procedure Code by the petitioner, I uphold the order of the Lower Court, of which revision is sought, and dismiss this petition with costs: Costs of the respondents in this Court shall be paid by the petitioner.
A.H. Petition dismissed.
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