Code of Civil Procedure, 1908–Order 21, Rules 98, 100 & 101–The questions that the Executing Court is obliged to determine under Rule 101 must possess to adjuncts viz :-
(i) that such question should have legally arisen between the parties, and
(ii) such question must be relevant for consideration and determination between the parties.
Upon adjudication of such questions, Executing Court is under an obligation to pass appropriate order as contemplated under Rule 98 or 100, as a the case may be–When eventually such order is passed, it would be treated as decree and no separate suit would lie against such order–It therefore, follows that the only remedy is to prefer an appeal before the appropriate Court against such deemed decree.
