Courts and procedure · For advocates
Decree won, possession blocked?
In short
Order XXI Rules 97 to 103 CPC. The decree-holder or auction purchaser complains within 30 days (R.97, Art. 167). The court decides like a trial: judgment-debtor without just cause, put in possession (R.98); bona fide third party, application dismissed (R.99); dispossessed third party, apply within 30 days (R.100, Art. 165). Rule 103: no separate suit.
By the FAI Legal editorial desk · 12 October 2026 · 11 slides · 2 min read
Quick quiz. Title claim.
Guess first, then swipe for the answer.
- A. Yes, a separate suit
- B. No, the executing court decides
- C. Only in the High Court
Answer: B. Rule 103.
Order XXI, CPC.
“All questions arising as to title, right or interest in or possession of immovable property between an applicant under rule 97 and the opposite-party or between an applicant under rule 100 and the opposite party shall be adjudicated upon and determined by the Court and no separate suit shall lie for the determination of any such matter.”
Code of Civil Procedure, 1908 · Order XXI Rule 103, Questions decided in execution
Resisted? Complain.
Rule 97.
- ApplyDecree-holder or auction purchaser complains of resistance (R.97(1)).
- HearingThe court fixes a day and summons the other side (R.97(2)).
- OrderUnder Rule 98 or Rule 99.
Who resisted?
Rules 98, 99 and 102.
- Judgment-debtorNo just cause: applicant put in possession; up to 30 days' detention if still resisted (R.98).
- Bona fide third partyIn possession on his own account: application dismissed (R.99).
- Transferee pendente liteRules 99 and 101 do not protect him (R.102).
Already dispossessed?
Rules 100 and 101.
- ApplyA person other than the judgment-debtor complains of dispossession (R.100).
- RestoredIn possession on his own account: put back into possession (R.101).
- Investigate firstRestoration without investigation, issues or evidence was remanded (2025 CLC 1705, Lahore).
Thirty days.
The Limitation Act and CPC s.2(2).
- Rule 9730 days from the date of the resistance (Art. 167).
- Rule 10030 days from the date of dispossession (Art. 165).
- AppealAn order under Rule 98, 99, 101 or 103 is a decree (s.2(2)).
Myth or fact?
How the objection is tried.
- Myth: Objection proceedings are summary. No issues, no evidence.
- Fact: Questions under Rule 97 or 100 are decided like the trial of a suit: issues framed, evidence led (2022 CLC 1925, Lahore High Court).
Pleading fraud?
Two limits to know.
- 1985 SCMR 1275A separate suit alleging the order was got by fraud was barred; the remedy was an appeal from the order.
- PLD 1992 Kar. 270If the Rule 97 application is held not maintainable, with no finding on merits, the Rule 103 bar does not apply.
Execution stuck?
Ask FAI in your own words. It answers with the exact rule and the judgments behind it.
- A tenant of the judgment-debtor is resisting possession. What is my remedy under Order XXI?
- Draft an objection petition under Order XXI Rule 100 CPC.
Example questions
What this does not mean
- Rule 103 does not allow a separate suit on title, right or possession between the parties to a Rule 97 or Rule 100 application. The executing court decides it.
- A bona fide third party in possession on his own account is not removed under Rule 98. The application against him is dismissed under Rule 99.
- A transferee pendente lite gets no protection from Rules 99 and 101 (R.102).
Questions people ask
What can I do if someone resists possession after I win a decree in Pakistan?
The decree-holder or auction purchaser can complain to the executing court under Order XXI Rule 97 CPC. The court fixes a day, summons the other side and passes an order under Rule 98 or Rule 99.
What is the time limit for an application under Order XXI Rule 97 CPC?
30 days from the date of the resistance, under Article 167 of the Limitation Act.
Can a third party who was dispossessed in execution get possession back?
A person other than the judgment-debtor can apply under Rule 100 within 30 days of dispossession (Art. 165). If he was in possession on his own account, he is put back into possession under Rule 101. The Lahore High Court remanded a restoration made without investigation, issues or evidence (2025 CLC 1705).
Are objection petitions in execution decided summarily without evidence?
No. Questions under Rule 97 or Rule 100 are decided like the trial of a suit, with issues framed and evidence led (2022 CLC 1925, Lahore High Court).
Can I appeal an order passed under Order XXI Rule 98, 99, 101 or 103 CPC?
Such an order is a decree under section 2(2) CPC, so it is challenged as a decree. In 1985 SCMR 1275 a separate suit alleging the order was got by fraud was barred, because the remedy was an appeal from the order.
Sources
- Code of Civil Procedure, 1908 · Order XXI Rule 103
Questions decided in execution Pakistan Code
Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. How we check.
