Search this article on Google: Understanding the Legal Implications of Resistance to Delivery of Possession under the Code of Civil Procedure, 1908

Understanding the Legal Implications of Resistance to Delivery of Possession under the Code of Civil Procedure, 1908

In this article, we delve into the intricacies of the fundamental facet of law, ‘Resistance to Delivery of Possession under the Code of Civil Procedure, 1908,’ where our legal experts at SimranLaw, a leading Law Firm, dissect complex legal issues, providing readers with insights drawn from years of experience. Our goal is to deepen your understanding of law, making it both simple and accessible.

The Code of Civil Procedure 1908

By elucidating the procedural law for civil litigation in India, the Code of Civil Procedure 1908 (CPC) begins by defining the procedure of the court in matters that pertain to civil nature. Essentially, the law involves court proceedings but does not include any debates on the actual disputes between parties. However, understanding matters like Resistance to Delivery of Possession makes it imperative to comprehend this CPC.

Resistance to Delivery of Possession: A Definition

The concept of ‘Resistance to Delivery of Possession’ is usually encountered in property cases where, upon a decree favoring one party, the other party does not submit the possession of the property as decreed by the court. It becomes crucial at this point to understand the legal implications and possible repercussions for such resistance.

Legal implications

Resistance to Delivery of Possession falls under Order 21 Rule 97-101 of the CPC. When a party refuses to relinquish possession as per a court order, they can be held in obstruction or resistance to lawful possession. This can lead to contempt of court charges or possible imposition of a fine or even imprisonment.

Case Laws and Judgments

Illustrating this concept with some case laws and judgments:

Ramesh Chand Ardawatiya vs Anil Panjwani (2003)

In this case, the Supreme Court held that a symbolic delivery of possession is not equivalent to actual delivery of possession. This means, if a party is deemed to resist the delivery of actual possession despite the court orders, it attracts legal ramifications.

Pushpa Sen vs M L Kochhar and Anr (2014)

This case highlighted that if a party aggrieved by any obstruction or resistance in obtaining possession of the property may approach the court under Rule 97. The court after examining the issue may pass an order for removal of such obstruction to place the decree-holder in possession.

Man Kaur (dead) by LRS vs Hartar Singh Sangha (2010)

The Supreme Court, in this case, held that possession implies physical control over the property. If a party loses a case and is ordered to surrender possession but does not do so, they are legally obstructing justice.

In conclusion, understanding ‘Resistance to Delivery of Possession’ under the Code of Civil Procedure, 1908, is crucial as it underscores the importance of respecting court orders and highlights consequences of defying them. Inculcating respect for the law fosters a harmonious society, and understanding these complex legal issues allows individuals to better navigate the judicial system.

For more such insights from our legal experts at SimranLaw, stay tuned and enrich your understanding of law.