Code of Civil Procedure, 1908–Order 21, Rules 25 & 35(3)–Execution proceedings–Delivery of possession by taking the assistance of police–Neither the report was submitted by the bailiff asking for police assistance in execution for reasons specified nor there was any report under Order 21, Rule 35(3) CPC requesting for police assistance for effectuating delivery of possession–Procedure adopted by police with regard to the delivery of possession by resorting to a manner outside the procedure of the Court, using the Court order as an umbrella was wholly unwarranted–Held, High Court rightly
hold that the delivery of possession to decree-holder was vitiated, however, the direction for re-delivery of possession to judgment-debtor was not proper in view of circumstances of case.
