Order XXI Rule 98 CPC - Orders After Adjudication
Order 21 Rule 98 of the Code of Civil Procedure, 1908 governs the orders an executing court may make after deciding an application concerning resistance or obstruction to delivery of possession of immovable property.
Text of Order XXI Rule 98 CPC
(1) Upon the determination of the questions referred to in rule 101, the Court shall, in accordance with such determination and subject to the provisions of sub-rule (2),-
(a) make an order allowing the application and directing that the applicant be put into the possession of the property or dismissing the application; or
(b) pass such other order as, in the circumstances of the case, it may deem fit.
(2) Where, upon such determination, the Court is satisfied that the resistance or obstruction was occasioned without any just cause by the judgment-debtor or by some other person at his instigation or on his behalf, or by any transferee, where such transfer was made during the pendency of the suit or execution proceeding, it shall direct that the applicant be put into possession of the property, and where the applicant is still resisted or obstructed in obtaining possession, the Court may also, at the instance of the applicant, order the judgment-debtor, or any person acting at his instigation or on his behalf, to be detained in the civil prison for a term which may extend to thirty days.
Source: India Code - Code of Civil Procedure, 1908 (official PDF). State amendments, if applicable, should also be checked.
Meaning and scope of Rule 98
Rule 98 applies after the executing court adjudicates the relevant questions under Rule 101, generally in proceedings initiated under Rule 97 by a decree-holder or an execution-sale purchaser who faces resistance while obtaining possession. It provides the form of the resulting order, rather than a separate standalone petition for obstruction.
Rule 98(1): Orders available to the court
The court may allow the application and direct delivery of possession, dismiss the application, or make another order appropriate to the circumstances. The outcome follows the determination of rights and other relevant questions under Rule 101.
Rule 98(2): Obstruction without just cause
If the court finds unjustified resistance by the judgment-debtor, someone acting at the judgment-debtor's instigation or on their behalf, or a transferee covered by the provision, it must direct that the applicant be placed in possession. If obstruction continues, the court may, on the applicant's request, order civil detention for up to 30 days of the judgment-debtor or a person acting at the judgment-debtor's instigation or on their behalf. Detention is discretionary and is not automatically ordered merely because an objection fails.
Related legal provisions explained
- Order XXI Rule 97: Permits a decree-holder or execution purchaser facing obstruction to apply to the executing court for adjudication.
- Order XXI Rule 99: Allows a person other than the judgment-debtor who has already been dispossessed by a decree-holder or execution purchaser to complain to the executing court.
- Order XXI Rule 100: Provides for orders following adjudication of a Rule 99 application, including restoration of possession where justified.
- Order XXI Rule 101: Requires the executing court to determine all relevant questions, including right, title or interest in the property, arising between the parties to Rule 97 or Rule 99 proceedings or their representatives, instead of referring them to a separate suit.
- Order XXI Rule 102: Excludes the benefit of Rules 98 and 100 for the specified transferee of the judgment-debtor after institution of the suit.
- Order XXI Rule 103: Gives an adjudicatory order under Rule 98 or Rule 100 the same force and appeal conditions as a decree.
- Order XXI Rule 104: Makes specified orders subject to the result of certain suits already pending when the relevant proceeding commenced.
How an obstruction application is decided
The decree-holder or purchaser ordinarily applies under Rule 97, identifies the property and obstruction, and supports the request with the decree, execution records and relevant evidence. The executing court then considers the legally relevant objections, including competing possession or title claims where Rule 101 requires their determination. It issues an appropriate order under Rule 98 after adjudication.
A third party who has been dispossessed may instead seek relief under Rule 99, with the resulting order governed by Rule 100. The correct procedure depends on whether the person is resisting delivery or has already lost possession.
Appeal against an order under Rule 98
Under Rule 103, an order made upon adjudication under Rule 98 has the same force and is subject to the same conditions regarding appeal or otherwise as if it were a decree. The proper appellate forum and limitation period depend on the applicable procedural rules and facts.
Supreme Court guidance
The Supreme Court has explained that executing courts must adjudicate legally relevant resistance or obstruction under the framework of Rules 97, 98 and 101, including qualifying third-party claims. See the Supreme Court judgment dated 6 March 2025 (official PDF), discussing this framework and the limits of objections requiring determination.
Frequently asked questions
Can the court order possession under Rule 98?
Yes. After determining the relevant questions, it may direct that the applicant be placed in possession when legally justified.
Can obstruction lead to civil imprisonment?
Yes, in the limited circumstances set out in Rule 98(2), if resistance continues and the applicant requests detention; the maximum stated term is 30 days.
Does a Rule 98 order have the force of a decree?
Yes, where the application has been adjudicated under Rule 98, Rule 103 gives the resulting order the same force and conditions as a decree.