SHREENATH & ANOTHER vs RAJESH & OTHERS

The Supreme Court addressed the issue of whether a third party in possession of property, claiming independent rights as a tenant and not a party to a decree, can resist execution of that decree under Order 21, Rule 97 of the Civil Procedure Code. The Court held that procedural laws should facilitate justice and that interpretations which frustrate justice should not be followed. The judgment emphasized that the procedural law is subservient to justice, thereby allowing the third party to raise objections in execution proceedings.