Narcissists do this to control you. The narcissist charms you to lower you win, but then they create a false narrative. They create a story that isn't real, but they characterize it by creating a false story behind the situation in order to make it factual because what they hate about you isn't as bad as they made it out to be. So they create this false narrative, this story about reality which doesn't correlate with reality and then they highly defend it, they protect and preserve it, not because they believe it but because they want to keep it going. It benefits them so they want it to continue because it's very important to them and it's a part of the abuse. It's a part of them as treatment of you, it's intended to harm you, so they create this set of beliefs about you that they are not accountable for, although it may create the illusion that they are responsible because they want you to believe certain things about them even though it may not be clearly visible or understood. And they use these things to justify their treatment of you, to justify the abuse, it protects them and it allows them to blame you for your own abuse, it allows them to further traumatize you as the victim without them having to take any accountability for their actions because it's already set up in your mind to where you don't even have to question why they're doing what they're doing, you already assume that they're not the problem, they're not narcissistic or abusive, it's not their fault they're only in this situation because of someone else, so there's nothing they can do about it, you have to resolve it or someone else has to take care of it, they are showing a deliberate and obstinate desire to behave in a way that is unreasonable and unacceptable, they're behaving in a way that is contrary to the accepted or expected standard or practice, they're illogical and irrational, they're contradictory and wrong, but it's widely and constantly encountered, they're all knowing and all seeing as though they're God, they're the judge, jury and the executioner, so they have no intention of leaving you alone, even though they're fully aware that you have no intention of harming anyone and that your intentions are good, they will continue to pressure and provoke you and the reason why they're doing this is because of something that originated in their childhood, but it's something that developed when they became an adult, they're emotionally immature, they have an inability to express or cope with emotions that should be serious in nature which is why they tend to overreact to situations, it's why they have trouble controlling their emotions, it's why they're irresponsible, selfish, naive, thoughtless, irrational and short-sighted, because they're not really adults, they may look like they are, but they haven't aged as an adult psychologically, they've retained their childish narcissistic qualities but they don't want to be seen as narcissists and that is the whole point of the false narrative because it allows them to emulate being an adult, it conveys to you without them having to talk about it why they're such a great person and why you should decide to be with them because it will benefit you and it enables them, it allows the abuse to continue because it creates an illusion of progress, it creates an illusion of development, towards an improved or more advanced condition, when the reality is that narcissists are maladaptive, they can't change or improve, they can't adapt, they will always remain the same until the day they die but it creates the illusion that there is something great just around the corner when the truth is that it is indefinite, it's never going to end, all you're ever going to get from them is an illusion as though something good is going to happen but it will never manifest into reality, it will never come into fruition because they don't even have the means to make it happen which is why they need the false narrative and it's why they need you to support it to make it seem real, it may not have always been a deliberate and intentional act but that is irrelevant because it has now become a part of a plan of a coordinated and systematic attempt and it's hardwired into their minds so there is no way that you are going to separate them from it because it's a part of their character, it's a part of who they are as a person and you may initially see it as they just believe in a lie but it's actually much deeper than that because this is an impulsive and instinctive part of the narcissist it's activated without deliberation, without careful consideration or discussion although at times it may appear as though it is something separate from them or as though they're entertaining a separate reality but it's not, it's who they are even though it may also be something that they use to manipulate you and to make you feel certain emotions it is meant to enable them to allow them to do whatever they want while also stripping you of your power and leaving you in a position where you were unable to take action to reduce or prevent it, there is a way for you to fight it but you're only going to be able to do that in your own mind because it's a done deal for them, there are lost cause you can't change them and you will know this if you pay close attention to them because you will see that there's nothing they really value or believe in, there's nothing they feel strongly about based on their feelings or instinct, it's flexible, they can easily modify it to respond to altered circumstances or new conditions so that they can express their irresistible urge to behave in a certain way so that they can hurt you and for that reason they can't maintain any condition or position, they can't maintain any core values, principles or beliefs because if they were to do that it would stop them, it would prevent them from harming you when they need to be able to flip it whenever they choose to which is why they're not loyal, they have no support or allegiance to a person or institution because they don't have a core belief system, they don't have any deeply held assumptions about themselves the world or other people, they're not firmly embedded in their thoughts which are meant to significantly shape our reality and behaviors, our core beliefs are meant to be the most important part of us but it's something that narcissists don't have because in fact they don't care about anything so they can't do that because it wouldn't allow them to maintain this reality, the reality that is maintained by their false narrative, the reality that makes them think that they're real, the reality that makes them feel better about themselves, it makes them feel comfortable because in this reality they're flawless, they have no imperfections or defects, they're perfect and they've also been groomed to think this way, they've been trained whether it's by their parents or someone else, they've been socially conditioned because there's always an origin to it and that's what they don't want you to know about because if you find the origin you will find the truth and the truth will set you three, it will tear their world to pieces because it will change your view of their world, you will realize it's not real although at times it may look real but it actually has no basis in reality, the narcissists will dangle a carrot on a stick, they will lead you to believe that they have something better for you in the future and you just need to put in more effort, you need to work hard but it's just future faking, it's intended to make you lose determination and confidence to make you lose enthusiasm and hope because in time they will destroy the illusion and you will experience disappointment from the discovery that something is not as good as you believe it to be because they will cause you to believe that the beliefs you hold are false and then you will emotionally resist the narcissist which may result in conflict and you may even decide to fight them but it's really because you've just lost your faith and confidence in this fictional character and this person who actually does very cruel and evil acts because it's all just a false narrative, it's an explanation for what they're doing but then you start to realize that their story doesn't make any sense so then you stop believing in it and that's what begins the conflict where you begin to see them as your enemy because you realize that they're just trying to abuse you and that there is no other reason or explanation for it because they don't really care if you like them or not and they actually benefit from it either way as long as you're engaged with them as long as they're giving them your attention because that's the whole point, that's the purpose of why they're doing it because it tells them that they still have control over you and they love to see you angry or upset because then they can direct their own feelings towards you they can project how they feel onto you so that they can differentiate between who is bad and who is not because although they may be non-confrontational they actually enjoy a fight they enjoy the struggle to overcome eliminate and prevent what they hate is the destination the achievement of a goal or objective which is why they need to continually demonstrate that they're good and you're bad because that's the purpose of the narrative they need to have an enemy they need to have something that they're fighting against who is apparently wreaking havoc on them and they're having to tolerate it because they're exceptionally innocent and kind thank you for watching if you found this video helpful please give it a thumbs up share your thoughts in the comment section hit the subscribe button to receive the notifications if you would like to support the channel you could donate a paypal to me slash NARC survivor you could book a one-on-one with me on my website it's NARC survivor that could UK thank you for watching and I'll talk to you soon


Autolight and its 96,000 dealers present... Suspense. Tonight, Autolight brings you True Report, a suspense play starring Pat O'Brien. Go ready, Lieutenant. Captain's waiting for you. Thank you, Bert. It's you. Hello, Captain. All right, Ben. Have you got it? Yeah, here it is. Mm-hmm. Good. Everything here? Everything. Sorry it had to be this way, Ben. Yeah. So am I. Well, it couldn't have come out any other way. So take it. This is what you wanted. This is my True Report. In just a moment, Mr. Pat O'Brien in the first act of True Report. Well, hi, Hap. Welcome back. If it isn't this spark plug of Autolight alley, Harlow-Wilkac. Say no more, Hap. Gotta get proclaiming after my summer siesta. Proclaiming that when you replace worn-out spark plugs in your car with new ignition-engineered Autolight spark plugs, you get smoother performance, quick starts, gas saving. Don't forget, Harlow. Autolight spark plugs are ignition-engineered. Right, Hap. Ignition-engineered by the same Autolight engineers who designed the coil distributor and all the other important parts that go to make up the complete ignition system used on many of America's leading makes of cars and trucks. That's why you can't buy better spark plugs for your car than Autolight. So, friends, have the spark plugs in your car checked before you start on that long Labor Day weekend drive. And if replacements are needed, insist on smooth, snappy, ignition-engineered Autolight spark plugs. And whether you choose the resistor type or the standard type, you're always right with Autolight. And now with true report and the performance of panel, Brian, Autolight hopes once again to keep you in... Suspense! August 31. True Captain Walter Joste. Commander, Accident Investigation Division, City Police Department. From Lieutenant Ben J. Kennedy. Hit and run detail. Ray Lawrence Tanker. Deceased. Attached fine supplementary, traffic accident reports completed at this date disregard other files concerning same now and your possession. Two days ago, 9 a.m., I went to your office for the day's assignment. I didn't know what it was going to be and neither did you. Hello, sir. How are you? How's that good of yours, sir? 3, 8, J. J isn't that one. 4, 2, 6, 6. This date. Repeat. Black convertible. You're unknown. Make unknown. Oh, Ben, who do you make for the World Series? Oh, give me the Phillies and Cleveland. Hello, Al, Sam. Hi, Kennedy. Anything up? Anything up. Anything new? That's a good one. Hi, Ben, how are you feeling? Like asking if anything's up, Geiger. So... Nothing, Ben, all routine. I think I never should have been a cop. Yeah, so there's a hit-and-run artist named Edward Franken, right? Bulletin board says you pulled him in last night. Good job, Geiger. Took a long time, huh? Too long, Ben. Would you believe I used up 385 probable witnesses to that accident? Came out with just two who knew what they were talking about? Listen, I'm going to figure out a system for questioning. Uh-oh, here we go. Lieutenant, Geiger, Kennedy, All-Sub, Nugent. Right, Captain Justy's waiting for you. Good morning, men. Sit down, please. Make yourselves comfortable. Here, Captain. No calls for the next half hour, Bert. Right, sir. Well, there they are. Initial traffic accident reports. 22 of them. 22 traffic accidents in our city in the last 12 hours. Three of them fatal. Accidents. Most of them weren't accidents. Most of them could have been avoided if people had just realized how badly handled cars as dangerous as a loaded gun. Routine for us, but not routine in the lives of the citizens involved. So let's get busy. Sam? Yes, sir? Nine different people wound up in emergency hospital last night. Police surgeon says four of them look like they won't make it. Here's the list, Sam. I hate to hand out things like this, but hop over there and see if you can get any statement from them before they... how do you know? Right, sir. Get right on. Oh, Newton. Late last night, a woman went through a boulevard stop, hit a bus in two parked cars at Harper and Caldery Street. The extensive property damage. She was all right, but her six-year-old daughter was injured critically. The woman failed a sobriety test flat. The child in the car, and she couldn't even walk to the police cruiser without stumbling. The report says under attitude, abusive. Claims she was under drugs. Why do they always pull that tired drug routine? Because people are afraid to face the truth.  Look into it, Newton. Don't pull any punches. Don't worry, Captain. And you, Geiger. Huh? Hit and run on center just off 12th, about 3.30 this morning. Victim unidentified. I think... hey, wait a minute. You've been up all night working on that Franken thing, haven't you? Oh, sorry, Captain. I can take another one. No, no, no. You better knock off and get some sleep. Ben. Yeah, chief? This'll be your baby. Here. Find the Ginzo who ran that poor devil down and didn't even stop to see if he was alive or dead. And that's the way I got the assignment. It was just a statement of two patrolmen and a witness to me, nothing else, and I went to work on it. Like any other case, it started with the initial accident report and the statement of a witness. Her name happened to be Thurston. Yeah, I'm Jenny Thurston. Police. They were here once. They're here again. Where's your uniform? How do I know? Traffic investigator Lieutenant Ben Kennedy. Seems to me you wear a uniform. Come in. 3.05 this morning, you reported a hit-and-run accident in front of this address. I live here. I own this place. I've seen it. I've gone over all this stuff with them officers that showed up right after I called in. Man, it was run over, died in receiving hospital without regaining consciousness. We're trying to find out who was driving that car. I want you to tell it again. Well? I was sleeping. It got hot and I woke up. I decided to fix myself a glass of iced tea, so I did. I was sitting there by the window, thinking my tea and cooling off when it happened. What happened? The accident. The car turns off 12th Street. I can see 12th Street from here. The next corner, 12th Street? Yeah. Two doors or four doors on the car? No, I don't know. The officers report you sang it was a sedan. Two doors or four doors? I don't know. You're trying to tie me up? The color was the car. Black. Couldn't have been maroon, blue, green. It was nighttime, no moon. Street lights go out at midnight. You sure it was black? Well, it looked black, I don't know. It was a dark color anyhow, shiny. Yeah. All right, go on. His car's doing a lot of speeding, heading that way. North. Yeah, north. And it goes right by this window. And I'm looking when it hits the man. I don't know where he came from, but there was a big noise like glass breaking in this poor man's lying half on the street and half in the gutter, and the car's gone out of sight. You don't hardly have them? No, I call the police. That's your job. Traffic accidents have become everybody's job. Did you get a look at the driver of the car? I got a good look. He's a woman in dark clothes. The officer who interviewed you says you didn't see the driver at all. Well, I know I was going to call up about that. When I concentrated later, I remembered it was a woman. The young one. One of those kind all painted up.  What she was doing out at three in the morning was no good at all. All you could possibly have seen from this window was the top of the car and not the person driving it. Well, why'd you ask me then? Try to get the license number? It was too dark to see. I did my duty as a citizen. I reported what I saw. Yeah, yeah, yeah. Thanks, Mrs. Therson. Jenny Therson wasn't a very reliable witness, but she was the only one outside of the usual group of dream witnesses who have a lot to say about something they didn't see. Gave me enough to start on. I gave up after I'd talked to the 30 people who showed the neighborhood and dropped by the morgue to look at the victim. There is a lieutenant who was left of him unidentified, unclaimed. Hey, hey. What did the doctor say? Among other things, both legs fractured, well as the skull, well as five ribs, as well as the neck, as well as the number... Point of impact? There are two obstacles and clothing near the hip. Both hips broken. Dr. Figer's waist-high contact. High bumpers. That'd make it something before 1939. Of course, trucks have got high bumpers, lieutenant. Big ones. But no big truck scrambles around the narrow street like center. All right, all right. I'm just trying to be useful. Internal? Both lungs collapsed. High rate of speed. Anything else? Glass, they took out of them. It's with the technicians now. How about paint? You can wheel him into the lineup now. This guy's still a John Doe. We've got his prints on the wire hoping he'll be recorded somewhere. He's recorded somewhere right downtown. Change that tag to Lawrence Danker. Lawrence Danker? That's his name. I arrested him in 1936 when I was on robbery detail. Small-time grifter. Jackrolling, bookmaking, breaking and entering. 13 previous arrests when I picked him up. You identifying him? I'm identifying him. I'm a victim, and though my witness hadn't been too good about the details, I knew that the piece of broken glass and a chip of paint found on the victim would tell a better story. The shortest route to hit and run killers is through the crime land. They don't miss a thing. Kennedy. This is a lab, lieutenant. We got the dope for you. All right, let's have it. The glass splinters came from a headlight lamp used on four different Mexican cars between 37 and 39 ounce into the list. How about paint? Maroon. Also very pre-war stuff. There's a bump on a fender and a broken headlight somewhere in town, that's for sure. Maybe a sprung door? Yeah, and it's a jalopy over 12 years old. I probably can't travel 20 miles without breaking down. So my hit and run is in town somewhere trying to get a new headlight in the fender street. Yeah. You can cancel that unit one that went out for a black sedan this morning. The direction goes like this. Dark Maroon sedan, year 37, make unknown. Right front headlight shattered. Right front bumper dented. Got it? Got it. I want every garage, auto parts, junk dealer, and repair shop in town contacted on this. Somebody's going to try and take the bumps out of an old car and buy a new headlight, and they shouldn't be hired a spot. Got it. My four o'clock that afternoon, the bulletin was out. We knew what kind of car we were looking for, and I had eight pairs of officers out doing the legwork. With luck, I expected to pick up in a matter of hours. Oh, Geiger, hi. Got a tough one this time? No, not too tough. I thought you were home sleeping. Oh, you know me. You got nothing else to do but be a cop. Need any help? No, thanks. Just a matter of time. How are things at home? Good. Charlie? It was last year. He goes into internship next April. Nice kid. You're lucky. Alice all right? Yeah, she's fine, thanks. Why are you coming over for dinner? Soon, I hope, then. I don't know what's with me. Even when I have time off like now, I come sniffing around.  Well, so long, then. I'll see you. Okay, Geiger. August 29, 10th, 30 a.m. It was a pile of reports 10 inches high on my desk from garages, junk dealers, and auto repairmen. Not one report meant a thing. My tip-off finally came from a phone call placed by a man named Loper who runs an auto repair shop on Crespill Street and I'm down to see him. I don't know if it's what you're looking for, Lieutenant, but it might be. All right, let's have a look. A guy brought it in yesterday. He said he broke the lamp and dented the fender on his garage. It seemed funny. He only wanted that right front straighten. The real one's in a lot worse shape. This here? Yeah. No registration tag. This the car you're looking for? Uh, maybe. Gonna make a stake out, huh? Pick him up when he comes back to get it, huh? All right, Mr. Loper. Thanks for your help. Gonna look up the serial number. We'll handle it. Thanks. I didn't need to look up the motor serial as a license plate, Captain. I knew who it belonged to, all right. I knew everything about it. From the shimmy in the right front wheel to the windshield wiper that's squeaked. I bought it for Charlie his first year in college. It was my own son's car. AutoLite is bringing you Pat O'Brien in true report. Tonight's production in Radio's Outstanding Theatre of Thrills. Suspense. Suspense tomorrow starts the long Labor Day weekend. I hope that you'll make sure that your car is running right before starting on long trips. That you will have worn out spark plugs replaced with new ignition engineered AutoLite spark plugs. So drive carefully, won't you? Today, tomorrow, and always. Because the life you save may be your own. And now AutoLite brings back to a Hollywood sound stage Pat O'Brien in Elliott Lewis' production of true report. A tale well calculated to keep you in suspense. Routine. You start with things you know for sure like a traffic accident report and the statement of a witness. Like glass particles and the headlight and the smear of dark maroon paint and you work with the medics and the crime technicians. All routine. And pretty soon you know what the car looked like and you start looking for it.  What do you do? I drove up to the State University that afternoon to have a talk with my suspect. Rex. Rex. Oh, Mr. Kennedy. Hello, Rex. How are you? You seen Charlie around? I know I haven't. I went over to the room. The landlady said you were here in the recreation hall. I thought maybe Charlie was with you. Sorry.  I never see him. I... You didn't see his gelapy around anywhere, did you? I didn't. Was he taken out of town or anything? Well, sometimes they go over to the county hospital for surgery classes. Maybe he drove over there. Did I call him there? No, not in class. Oh, well... But stick around, Mr. Kennedy. You can probably pick him up at the hash house around dinner time. Anything wrong? No. Say, shouldn't you be studying or something instead of playing that thing? I'm majoring in the piano. Piano and law, Sergeant. Lieutenant. Lieutenant. That'd be 5-1-0-0 per annum, right? Civil service. Seem to know all about it, Rex. Maybe you should be a cop. Nope. I'm like Charlie. I want something better. What? No offense, Lieutenant, but... Well, I mean it's hard going to college. You didn't answer me. All right. You didn't go to college. Charlie's put in six hard years already and still a couple to go. Plenty tough. I live with him. I watch him go through it all. He's building something good here, something important. Kids sometimes get the wrong idea of how important they're going to be. They forget about right now. They run around making mistakes and getting themselves into a lot of trouble they can't handle. Take all their work and study and throw it out of the window when they get in that kind of trouble. Yeah. Well... We've sort of wrung out the philosophy today, haven't we, Mr. Kennedy? Tell Charlie to call me at home, will you? If I'd waited for him, I don't know what I'd have said or done.  So I just got out of there and drove back to the city. Lieutenant Geiger was sitting at my desk. Oh, Ben.  Been waiting for you. What for? I've been hearing of a mechanic named Loper. Oh, Ben.  I took the call for you. Said you were in to see him at his garage today. Wanted to know if the car he had turned out to be the one you were looking for. No, it wasn't. Uh-huh. Sounded good the way he described it. Maroon Coop. Headlights gone. Ben... Well, it wasn't the one. Don't you think I know what I'm doing on this case? Sure, Ben. You know what you're doing. Can I see the file? I... I haven't made it out yet. You're kidding? No. Come on. Give me the file. Captain might put me on this. I've been with the department 14 years. Don't you think I can handle a simple hit-and-run case alone? Sure, Ben. I know you can handle it alone. We've lost one yet. Just want to help you keep that perfect record. Perfect. I took the file home with me. I didn't want Geiger to see it until I was good and ready for him to see it. I couldn't believe that my son Charlie, the kid I taught to drive myself, I couldn't believe that he'd ever kill anyone with his car. But there was the evidence in an auto-body shop on Cresfield Street and I'd been on too many cases and dragged too many hit-and-run criminals in to start fooling myself now. And trying to tell Alice about it was like trying to tell her that Charlie had suddenly died. I just couldn't do it. Potato? Ben, potatoes? Oh, yeah, thanks. Miss Jennings came over today. She's in charge of the church bazaar. She told me my quota's six pies. You know, I think I'll make up some of those graham cracker pies, the ones you always start eating before they even cool. Ben, you're not even listening to me. I can tell when you get that not-listening look. Ben. What? Oh, I guess I've still got my mind on some things. You don't look well to me. You don't look at all well.  What, they're bloodshot. You've got a nervous twitch at the corner of your mouth. Your arthritis isn't hitting again, is it? I'm all right. I think you better have a doctor look at you. The next time Charlie comes home, I think he should give you a check-up from toe to tonsil. Well, don't give me that kind of a look. He's as good as a doctor already, only two years to go. I don't want Charlie checking up on my health. Oh, dear, you are upset. Work, going badly. Another hit and run? Yeah, 12th and center. I wish you weren't on that detail anymore. I wish I'd never been on it. Ben. Why, Ben, dear? It weren't for men like you. It wouldn't be safe to walk on a city streets these days.  What do you know about it? Sometimes people just get panicky and forget what they're doing. Ben, uh... The size of the victim in this case was an old ex-car and a bum.  That doesn't sound like you, Ben. He was a human being. Whoever struck him down should be found and punished to the limit of the law. Alice, Alice, suppose I had been driving that car. It's harping. That's the most foolish thing I ever heard you say. It takes a certain kind of person to do something like that. A thoughtless, selfish person. You're not the kind, nor am I, nor Charlie, nor anybody we know. Anyone's capable of doing it. Well, anyone's capable of driving thoughtlessly. Passing red lights, beating just a little, even having an accident. Any of them are bad enough. But to run away is criminal. I hope you get whoever did it, Ben. I hope you get him quick, too. Because as long as that kind of person is free to drive a car, he's free to kill someone else. I couldn't sleep that night thinking about the case, Chief. Charlie had a full use for life in Falling.  Justification? Maybe. But by midnight, I decided what I had to do. I woke up all night and worked on my report, and I brought it down to your office the next morning. Is everything, Ben? Incomplete. No finish, huh? Finish as far as I'm concerned. Mm-hmm. Bird is Geiger out there. Just walked in. Well, I want him right now. Ben, it's, uh, sometimes better if you, uh, poke it over with a couple of guys. Maybe. Oh, come in, Geiger. It's about that hit-and-run, the Danker case Kennedy's handling. You know all about that case, Captain. Then you know more than I do. Kennedy's bogged down. I'm not bogged down. This case will never pan out. I only had one witness, and all she could tell me was a... a car hit Danker. All the lab reports were guesses. We had paint and glass to... Paint and glass that could belong to 10,000 cars in this area. What about this, uh, garage man, Loper? Did that car... He was just looking for free publicity. He had a car and figured he'd get some message in the papers. Well, if that wasn't the car, Ben, just keep looking. Maybe a thousand cars later, you'll find the right... I'm fed up with it. Well, Ben, we all get that way once in a while. I suppose we take you off the case. You're the captain. And Geiger, I'm giving it to you. Here, you can take Ben's report and work from it. And that's just what I was waiting for you to do. Turn the whole thing over to Geiger. Didn't make any difference who you turned it over to. The phony clues I had planted in it the night before would take ten years to run down. Remember, Danker, criminal, yes, but run down and left to die on the street. And I remembered my old... Captain, that report... Oh, excuse me, Ben. Yes, Archer? Someone to see you, Captain, Jesse. Oh, who? Charles Kennedy, Lieutenant Kennedy's son. Send him in. No, tell him no. Ben, what's the matter with you? What goes on? Come in, Charlie. What can I do for you? It's about a hit-and-run case. Charlie. I've got to, Dan. Captain, it's that Danker case. I'd have come in sooner if I hadn't been up at the county hospital. What do you know about the Danker case, Charlie? It was my car that hit him. Did you know this, Ben? I found it out yesterday morning at the garage. It was my car that did it. But somebody else was driving it. You weren't driving it? No. Suppose you tell us who was driving it, Charlie? My roommate, Rick's Blakey. I loaned him the car a couple of days ago when he didn't come back with it. I found out he left it in a repair shop in town. Well, I went down to take a look at it and my dad's a cop and I... I guess I picked up a few things. I, uh... I've got him run outside. I dragged him down here myself. All right, Geiger. It's your case. Take over and book him. Thanks for coming in, Charlie. Ben, what are you going to do? I guess, Captain, I... I guess I better go and make out my report. So here it is, Captain. My true report. And my resignation. I just want to ask you one question. If it had been your kid, could you have done any differently? Suspense, presented by Autolite. Tonight's star, Pat O'Brien. Friends, Autolite has again opened Suspense's new season with a story that shows how unnecessarily tragic bad driving can be. Pat, that was a grand performance.  I sure like the role, but... I also wanted to do my part to help prevent highway accidents this Labor Day weekend. Driving accidents are horrible to the man, woman, or child injured or killed, and they're doubly horrible to their families. Death also always cheats each one of his greatest right in the world. The right to live. Now, tonight on behalf of Ned Deerborn, President of the National Safety Council, it is my special privilege to present the National Safety Council's Public Interest Award to Mr. Royce G. Martin, Chairman of the Board and President of the Electric Autolite Company. Autolite, sponsor of Suspense, has won this Distinguished Service to Safety Award for the second straight year. Thank you, Mr. O'Brien. Safety is as much our business as manufacturing, automotive, aviation, and marine products in our plants throughout the world. Autolite has always assisted all efforts of the great automotive industry to make America a safe driving nation. Tonight on Suspense, Autolite repeats a message that can never be repeated enough. Drive carefully. The life you save may be your own. So let's all be interested. Miss Labor Day weekend in two driving lives, our own and the other fellas. A lot of lives will be saved if we are. Thank you, Mr. Martin. Next week at the same time, Autolite will bring you Miss Ida Lupino in the tip, a tale well calculated to keep you in suspense. Tonight's Suspense play was produced and directed by Elliott Lewis with music composed by Lucian Moraweck and conducted by Lud Bluskin. Parts of this program were transcribed. Two reporters and original play written for suspense by E. Jack Newman and John Michael Hayes. Pat O'Brien may now be seen in Johnny One Eye. Autolite and its 96,000 dealers wish you all a happy, safe Labor Day weekend. Good driving. Good night. You're always right with Autolite. This is CBS, the Columbia Broadcasting System.


beyond law CLC and ULS Punjabi University Chandigarh. Welcome you all to a session, which will be according to us, a vilifying we will have insights. Those who have been following beyond law CLC and ULS Punjabi University Chandigarh, know the fact that we have been holding webinars on different issues. And amongst us, we have honorable Mr. Justice, Katie Sankaran, who is a former judge of the Kerala High Court. Who has a passion towards the teaching or the law so that people down the professionals can learn that. He had also been associated with the Kerala judicial academy and he has been teaching in different academies. And he has his own YouTube channel on which he takes small issues, which are relevant because CPC itself is a very, very broad concept. And as we all know, the execution, we say that to have a decree is not that difficult, but to execute the decree is much tougher. And when we had a discussions with honorable Mr. Justice, Katie Sankaran, he and the team was of the opinion that once there is an execution, then how there has to be delivery. And when, if there is a resistance to delivery or removal of resistance, these are the key issues. If one has a decree and how to get it, they say that to plant the tree is not all that difficult. But to enjoy the fruits is a real jump as to whether you do it during your lifetime or how do you go about it, that's the key issue. Rather than going and explaining the entire issues, why not have the man of the moment speaking for himself. On the earlier occasion, as you all know, he had been kind enough to give the insights on the principles of resjudicator and rest subjudice. That session by him had been well received. This I'm speaking on the basis of facts because it's available on the YouTube channel as well as on the Facebook that people are actually appreciating that. Over to you, sir. We will just have the insights. We all know that in this present case, we will have good delivery of the session and there won't be any resistance from anybody. They will all latch it up, right, sir? Thank you, Mr. Vikas and dear friends. Is it audible? Mr. Vikas, it is audible. Is it audible to all of you? So I will ask them to post it on the chat and to me, it's audible. Audible. Is it audible to all the audiences? Yes, sir. I've received the messages. Yes, we can start the session. Audible. Now the subject is delivery, resistance to delivery and removal of resistance. What are the relevant provisions with respect to this subject? And if you have a paper with you, please note, at first we have to see section 51. What are the powers of the court to enforce execution? Section 51 is a reservoir of powers from which emanates the various procedural powers which are given to the civilians. Then so far as delivery is concerned, the relevant provisions in order 21 are rule 31, rule 35 and rule 36, resistance to delivery and removal of resistance. The relevant provisions are section 74, and order 21 rules 95, 96 and 97 to 104. These are the relevant provisions with respect to the subject which we are dealing with today. Now, coming to the powers of the executing court, I said section 51. Let us see section 51. Powers of the court to enforce execution. Subject to such conditions and limitations as may be prescribed. I'm sorry, I'm reading it. Unless we read the statutory provisions, after one and a half hours of lecture, nothing will remain with you. So we have to analyze the relevant provisions, understand its real scope and then apply it. After this webinar, if a lecture class one hears, after a few days everything will vanish. I do not propose to make such a lecture. I believe that after this one and a half hours or two hours exercise, at least 50% of it must remain with you and it must be useful to you in the practical sense of the term, in the practical day-to-day life as a law. Then only the task assigned to me would be complete. Now we will go to section 51. Subject to such conditions and limitations as may be prescribed. Prescribed is defined in section two, prescribed by rules. The court may, for the application of the decree holder, order execution of the decree. A, by delivery of any property specifically, decree that is order 21, rule 35. That power relates to order 21, rule 35. B, by attachment and sale or by sale without attachment of any property. The relevant provisions on this clause B are section 60, 65 section 65 to 67 and order 21, rules 41 to 54, 58 and 64 to 104. Such a vast area. Then by arrest and detention, et cetera, et cetera. That is sections 55 to 59 and order 21, rule 11A, 22 and 37 to 40. And clause B by appointing a receiver, order 40 for zero. And then restuary clause in such a manner as the nature of the relief granted may require, that is up to the court, depending on the facts and circumstance of each case. These are the wide powers given to the executive. The purpose is to execute the decree. Passing the decree by itself would not be sufficient. The fruits of the decree will be received, will be enjoyed by the decree holder, only if the decree is executed smoothly. And if it is a case where he has to get possession of the immobile property or mobile property, that he has to receive the seat. How to execute the decree? See a decree for example, a decree for payment of money. It can be executed by arrest and detention of the jet manager in civil prison, by attachment and sale of his immobile property. And then all the attendant circumstances and provisions relating to sale will take place. Right from attachment, then goes to proclamation of sale and all the relevant provisions with respect to it, objections to proclamation, then settlement of proclamation, then sale, then there is provision for setting aside the sale on three grounds. One is a whole agent and by deposit of the amount, by rule 90, by setting aside the sale on the ground of material irregularity or fraud in publishing and conducting the sale. And three, that is rule 91, that can be taken advantage of by the auction purchaser on the ground that the judgment had now title to the property. Then comes the confirmation of sale. Confirmation of sale takes place, sale becoming absolute takes place under rule 92, which says that if no application is made under rule 89 or 90 or 91, or if such application is filed and disallowed, then the court shall confirm the sale. And the sale will become absolute. Then a sale certificate will be issued. That is, there is different opinion whether it is a document of title or whether it is only evidence of time, whatever it is. The title passes. And from one date onwards, section 65 says that the title will go to the auction purchaser from the date of sale and not from the date of its confirmations. Suppose on 11 2019, the sale took place. And the proceedings went on. Various objections were raised and all were considered. And ultimately an application was made to set aside the sale under rule 90. That took one and all years. And ultimately the sale was confirmed on, say, 16 2020. Sale took place on 11 2019. On confirmation of the sale, that sale will relate back to the date of sale, section 65 counts. Then comes the delivery. And when delivery is attempted, sometimes there may be resistance by the judge monitor or by his previous or by third parties. When a third party raises an objection, obstruction to the delivery, what should we do? What are the changes brought out in 1976 by the CPC Amendment Act? And what was the position before 1976? And what is the position after 1976? What care should be taken by the advocates with respect to a claim, with respect to an objection, and with respect to the conduct of the claim petitions? And what steps should be taken by the court in discharging their judicial functions? These are all the matters which may arise for consideration in this webinar while dealing with the subject. Now we'll go to Rule 31, Specific Mobile Property, Order 21, Rule 31, Decree for Specific Mobile Property. How it is taken by the delivery thereof to the party or by actual seizure and by delivery thereof or by the detention and civil present of the judge monitor or by the attachment of his property or by both. The court has wide powers. Then the procedure is provided in Sub Rule 2 and Sub Rule 3 and 4, that I'm not going to read that, you may read it, that is very clear. And then comes Rule 36, 35. Rule 35 is being constantly applied in courts when it comes to immobile property. 35, Decree for Immobile Property, where the decree is for delivery of an immobile property. Possession thereof shall be delivered to the party to whom it has been adjudged. Or to such person as he may have a point to receive delivery on his behalf. And if necessary by removing any person bound by the decree who refuses to be gained the property. To where the decree is for joint possession of immobile property, such possession shall be delivered by a fixing a copy of the warrant in some conspicuous place on the property and by proclaiming by beat of drum or other custom remote at some convenient place, the substance. Then where a possession of any building or enclosure is to be delivered and the person in possession does not afford free access. The court through its officers may, after giving reasonable warning and facility to anyone not appearing in public according to the custom of the country to be drawn, remove open or open any lock or bolt or break open any door or do any other act necessary for putting the decree holder in possession. All these procedures are available for effecting delivery of immobile property. These are the powers. By removing any person, rule 35 one says, if necessary by removing any person bound by the decree who refuses to vacate the property. What is it? That is section 74 and order 21 rules 97204. That is relating to that expression by removing any person. Then rule 36, symbolic delivery. What is symbolic delivery? A, obtains a decree against B. Either it can be a decree with respect to immobile property or it may be a money decree. Let us take it that it is an item, it is a decree for recovery of possession of immobile property based on title or for declaration and recovery of possession, et cetera, et cetera, various procedures are brought. And what is that the decree holder has to do after passing the decree? He has to file an execution petition. In the execution petition, he has to pray for delivery of the property. An officer of the court will be appointed. After hearing the respondent and his objections, the court feels that the application is to be allowed. The court will appoint an officer who is called Amin to deliver the property. Amin goes to the property and delivers the property to the decree holder or his nominee. This is the normal procedure. And in the course of such delivery, if a third party obstructs, sometimes the judgmentator himself may obstruct. What should be done? That will be available in rules 97204 of Article 21. We will come to that. Now, what is symbolic delivery? Now, in this case we have seen that there is a decree for recovery of immobile property. Second instance, I gave a simple money decree. How that money decree is to be executed? One of the bonds by attachment and sale of the an item of immobile property which belongs to the judgmentator. That property is proclaimed for sale in public auction by the court. And it can be purchased by home in court auction. Everybody can purchase. Including the decree holder, the only restriction is that under Rule 72 of Article 21, if the decree holder purchases, he has to get the leave of the property. He can also purchase. So, let us take it then. The decree holder in a money decree. After attachment and when the sale takes place of the property belongs to the judgmentator, he himself bid that auction. And he turns out to be the successful bidder. What is that he has to do? He has to get possession of the property. Then only his relief will be complete. He applies for a delivery. That delivery, he has to make the application under Article 134 of the Electoral Act. There is some sort of conclusion with respect to Article 134, which I will deal with if time permits. And then, or it may be a mortgage decree, a charge decree in which case no attachment is required. It can be straight away delivered. How? Delivery, same procedure. There the court auction sale may not be necessary. Sale takes place. And the decree holder himself may purchase. What is the role which is applicable with respect to such decrees where the mortgage decree and the mortgage decree holder himself want to purchase it? Rule 72, Captain A of Article 21. The court has to fix a reserve price which shall not normally be below the decree amount, the amount which is secured by the mortgage. And such safeguards are to be provided so that the property is not snatched out by the decree holder for a song. Now, symbolic delivery. So these two types of decrees I said. Decree for actual delivery of property or the property decree for a career which execution petition will be filed or a suit for money which is put in execution and is purchased either by the decree holder or by a stranger. If it is decree holder's purchaser, he has to get delivery of property. If the stranger purchases, he has to get that stranger has to get delivery of property. Then only the proceeding will be complete. If the stranger purchases, he has to deposit the purchase price before court and out of that amount, the money which is due to the decree holder will be paid if that is sufficient. If it is not sufficient, the balance amount will be recovered in such a manner as may be they fit. If there is something balance left, then that money will be returned to the judgement. If a stranger, if a decree holder purchases, then he has got a right to gets the top. That is suppose the amount which is sought to be recovered by the decree, amount is rupees 10 lakhs. An item of emoll property was brought to say and it was auctioned in court auction and it was purchased by the decree holder himself after getting leave of the court under rule 72, then he purchases for 11 lakhs. He has to get 10 lakhs as his decree amount. He can set off that amount and he need deposit only the balance rupees for that. That one lakh will go to the judgement and return whose property was sold in auction so that the decree is satisfied. In such a case where the property is to be actually delivered, cause possession of the property is to be given. Suppose that property is in the possession of a tenant. Say for example, there is a building in the property which is to be delivered and there are tenants in that building who are protected if it is within certain conditions are satisfied, they will be protected under the rent laws of the different states. Different almost all the states will have rent laws, rent control laws and they will be ended into protection. If the rent control act is not applicable, then they transfer property act is there. And there also the tenant will have his own protection. What is that in what manner the delivery shall take place in such a case? Say for example, I am the decree holder in a decree for payment of money. Property belonging to you, the judge when it was sold in court auction. It was purchased by me, I have to get delivery. One X, Y and Z are the tenants in the building in that property. Can I oust them? No. Why the execution proceeding? I cannot. I have to get delivery by symbolic delivery. Then instead of the judge when it are, I will become the owner. And the tenants X, Y and Z have to pay rent to me. I can file a proceeding under the respective legislation set for the rent control act. Could you just come slightly closer to the mic because people are saying the audibility is slightly lower. Oh, I see. Is it audible now? Sorry, I will ask. They can post it. Now just say two lines, they will come to know. Is it audible now? And the camera, yes, it's audible. And slightly the camera you will have to ship because you have come closer to the camera. Yes, now it's perfect. Now it is all right? Yes, sir. If it is not fully audible, please tell me. No, sir. They have started texting that it's audible. Ah, unless it is audible, there is no point in seeing the video. No, that's true. Ah, yes. I said about the symbolic delivery. I have to get delivery of the property. I am the auction purchaser. I purchased the property in court auction. Then I have to get possession of the property. How to get possession? I have to oust the judgementator by the court proceeding. But in actual position, there are three tenants, X, Y, and Z. Can I oust them and take actual delivery? No. Can the court help me? No. By giving actual delivery, it is not possible. By symbolic delivery, it can be had. Then instead of the judgementator, I will become the owner and I will get the right to collect the rent from you and you will be accountable to me. I will be entitled to take appropriate proceedings under either the rent loss or under the transfer property act to evict you. That is a different matter. If I am entitled to, I will get it, otherwise not. And rule 36 provides for that procedure. Rule 36 says, where a decrease for the delivery of any mobile property in the occupancy of a tenant or other person entitled to occupy the same and not bound by the decree to relinquish such occupancy. The court shall order delivery to be made by affixing a copy of the warrant in some conspicuous place on the property and proclaiming to the occupant by beat of drum or other customary mode at some convenient place, the substance of the decree in regard to the property. That is the order of the court shall be affixed at some conspicuous place on the property and proclaim by beat of drum or by other customary method that so-and-so has purchased the property and delivery of the property by symbolic delivery is being effected so that all concerned are made known that this property has been delivered to the auction purchaser, whether he is decree holder auction purchaser or a stranger auction purchaser, whoever it is, who is to get possession of the property. That is a method under rule 36. Now we'll go to section 74. Section 74, 74 says, resistance to execution. Let us see the wording of section 74. Were the court is satisfied that the holder of a decree for possession of emerald property or that the purchaser of emerald property took categories of persons, holder of a decree for possession or purchaser of emerald property sold in execution of a decree has been resisted or obstructed in obtaining possession of the property by the judgementor or some person on his behalf and that such obstruction. Resistance or obstruction was without any just cause. The court may at the instance of the decree holder or purchaser order the judgementor or such other person to be detained in the civil prison. For a term which may extend to 30 days and may further direct that the decree holder or purchaser be put in possession of the property. So in the instance which I have given, either the decree holder has to get possession of the property to whom a decree for possession has been passed or an auction purchaser has to get possession of the property. And in that process of delivery, he is resisted or obstructed by the judgementor or by some person on his behalf who are bound by the decree to await. That means they are defying the orders of the court. They are causing obstruction without any just cause. Then they shall be removed fourth way by putting them in prison for a period not exceeding 30 days. And in the meanwhile without any obstruction, the property can be delivered, everything will be spoke. So the power of the civil court to detain a person. I said about the arrest and detention. There also the court has power to detain a person for realization of money. See the power of the court. It is not only the criminal court which has power. There are various provisions in the court of civil procedure where the court has power to detain a particular person who did not obey the decree or who violated an order of indepth, temporary indepth. All these proceedings are there and the court is always equipped with sufficient power so that the orders passed by the court are obeyed, respected and the result of the decree is obtained, is enjoyed by the rightful claim. Now we will go to the schemes section 74. We have seen 74 is the power from that, from section 74 emanates order 21, rule 35, 36 and order 21 rules 97, 204. Now we have to see from 97 onwards. Order 21, rule 35 and 36 we have seen. Now we have to see, order 21 rules 97, 204. Various changes to place. 97 says resistance or obstruction to possession of immoral property. I'll come back to this. There is 97 an order passed in an application under rule 97 is under rule 98. Please note an order passed under rule 97 in an application under rule 97 is under rule 98. There is a provision for an application for redelivery that is under rule 99 and the order to be passed is under rule 100. So at 97 application an order will be passed under rule 98 and at 99 application the order will be passed under rule 100. What are all the points to be considered by the court? Which is it is contained in rule 101. What is the effect of that order? Rule 103, it shall be deemed to be a decree. An order passed in an execution is not a decree normally but it shall be deemed to be a decree under rule 103. Rule 102 provides that these rules are not applicable to trans-pre-pendentization lighting that we will come to that. These are the provisions. And what change was brought out in 1976? Before 1976, when an application is made either under rule 97 or rule 99 and an order is passed there on. So that will be based on the possession, actual physical possession of the property whether with the claimant or not. See, I will give an example. A suit between A and B, suit is for a career possession of on the base of title of an item of emerald property. Suit is decreed. A has to get possession of the property. The decree is put in execution. While effecting delivery, see who is not a party to the suit causes obstruction. And he says that I am not bound by the decree. I am not a party to the decree. Therefore, you cannot effect delivery. What is that the court officer called Amin should do? He shall report the matter to the court that so and so obstructed delivery. What is that the court has to do? Court has to issue notice to him that obstructors, stranger, see, hear him and pass an order. Either accepting his claim, either accepting his objection or rejecting it. Suppose his objection is rejected. What is that? An order will be passed for removal of obstruction. Can be removed by coercive steps. And going by the latest decision of the Supreme Court, it can be even by affording police aid, but with an order of the court, not directly by the police. All those procedures are provided. Or, and what will happen? What was the position before 1976? Same position, A, B, C. A is the decree holder, B is the judgmentator, decree for recovery of possession of property. And at the time of delivery, see the stranger obstructs. An order is passed by the court under rule 97 for removal of persistence. What is the nature of that order? It is an order in, what was the nature of the order before 1976? It was just an order in execution. Suppose that order is in favor of the stranger, see, what A should do, A can file a suit based on title. So, the question of title was not being inquired into by the court, either in an application under rule 97 or rule 99. What was being inquired into by the court in a proceeding before 1976 was the question of possession. If the court finds that C was in possession under 11, his possession will be protected. And A, who has to get delivery, what is his remedy, he can file a suit. Under which provision? Under the then existing rule 103, which provided for a suit. Same procedure in an application under order 21 rule 58. You are aware that when an attachment is made, any third party who has objection to that such attachment can file a claim or objection under rule 58. Sorry, I have a running nose. A claim or objection can be filed under rule 58. What was the procedure before 1976? The court will inquire whether that claimant was in possession. If it is found that he was in possession, the court will allow the claim. Then what will happen to the attaching creditor? His attachment goes. He can file a suit. He could file a suit for establishing his title under rule 63, which was then in existence. Now rule 63 is not there. It is omitted by the 1976 amendment. So this was the procedure. But after 1976, there is no such two-tier litigation. Everything will be over in the same proceeding. So a decree holder or auction processer who has to get delivery, moves the executing court and delivery is attempted. He is obstructed. Delivery is obstructed by a third party named C. C will be issued notice. The court will hear C subjections. And if the court finds that C subjection is justified, what is the matter which has to be decided by the executing court? Not the question of possession alone. The question of all the questions including the right title and interest of the claimant in the property. And if the court finds that C the stranger is the title holder, the court will allow his objection and dismiss the application for removal of resistance. Or if it is an application for re-delivery, allow that re-delivery. Then what is the right? What is the remedy of the defeated party? Nothing. Only an appeal. So a two-tier litigation, which was the procedure before 1976, has been made a single-tier litigation. So everything will be decided as if it is a suit. C is a stranger. He is not a party to the suit. But he comes in at the fag end at the execution. And then as if he is a party to the suit, the whole thing which he claims will be decided once for all, finally, and that order will operate as a resudicator in any subsequent business. So that once for all, the matter will be decided. That is the importance of the two-tier litigation. Now let us see Rule 97. The wording of it is important. I will read Rule 97. Where the holder of a decree for possession of immoral property or the purchaser of such property is sold in execution of a decree. Two categories of persons, I mentioned. One, the holder of a decree who has to get delivered to the property. Two, the auction purchaser in a court auction who has to get delivered. Either he is a decree holder himself or a stranger. Whoever it is, he has to get possession. So where the holder of a decree for possession of immoral property or the purchaser of any such property sold in execution of a decree is resistant or obstructed by any person and obtaining possession of the property and make an application to the court complaining of such a resistance or obstruction. By reading of Rule 97, what is the impression that you get? A, the decree holder has to get delivery. B is the gentleman at a... When delivery is attempted, see the stranger obstructs. A can file an application for removal of resistance or for advice. That is a plain reading of Rule 97. But over the years, right from 1995, the Supreme Court has interpreted it. Up to date, that is a position. Several decisions. That even C can make an application to adjudicate upon his title in the manner provided in Rule 101 and get a favorable order if he has got a meritorious case. Formerly, several high courts, including the Kerala High Court, had taken the view that see the obstructor can obstruct and then he can approach the executing court only after delivery for preying for re-delivery of the property under Rule 98. That was the view taken by the Kerala High Court and very many other high courts. No anticipatory obstruction petition is maintainable was the view taken so that if A and B colludes and obtains a money decree, A obtains a money decree and that money decree is executed and as if the property belongs to B, the judgmentata, the property is attached and it is sold. Clandestinely, it is purchased by A in the decree holder. C is unaware of all these things. He is the real owner. It is by fraud and collusion between A and B. Such a situation was great. What is the remedy of C? C can, of course, file a suit but which court will stay the execution? C can rush to the court, say that I am the owner, please adjudicate my title and pass appropriate orders. That is the procedure now. But even on the wording of Rule 97 which admits of only an application and the instance of the decree holder or option purchaser that is A and not at the instance of the stranger which the Supreme Court has interpreted even C who abstracts it the delivery and who claims that he is the title holder of the property can straightly approach the executing court and ask please adjudicate. That is the view taken by the Supreme Court. Now let us see Rule 97. Where any application is made under Sub rule 1 the court shall proceed to adjudicate upon the application in accordance with the provisions here in contained. What is the provision here in contained? Rule 101. Then 98. Orders after adjudication. The court will pass order either alleging or such order as in the circumstances. If the court is satisfied that the resistance or obstruction was occasioned without any just cause or other person application or only 10% Why is it breaking at your end? Kindly just check it out. I am just connecting with him. We are unmuting sir. Just unmuting. Yes. Is it audible? Yes sir. Kindly repeat from Rule 98 that is the request made by the participants. Adjudication of an application under Rule 97. Upon determination the question referred to in Rule 101. You will see 101. Straight away. Rule 101 questions to be determined. All questions including questions relating to right title or interest in the property arising between the parties to a proceeding on an application under Rule 97 or 99 or their representative and relevant to the adjudication of the application shall be determined by the court dealing with the application and not by a separate sue. And for this purpose the court shall not be standing in anything contrary containing the other law for the time being enforced. We deem to have jurisdiction to decide such questions. By when C's application is filed or something is moved against C the executing court does not get jurisdiction. And that is why by this procedure not standing in anything containing the court gets jurisdiction to decide the dispute between A and C and act accordingly. And what are the questions to be decided? All questions including the right title and interest to the property and relevant to the adjudication shall be determined in the proceeding and not by a separate sue. That is important. So now we come back to Rule 98 upon determination of the question referred to Rule 101 the court shall make an order allowing the application allowing what application the rule 97 by the decree holder going by the wording of Rule 97 by the decree but if you have the Supreme Court judgment any third party also can but going by the wording here it is provided or either allowing it or dismiss it and sub rule 2 of Rule 98 says that were upon such determination the court is satisfied that the resistance or obstruction was occasioned without any just cause by the judgmentator or by some other person at his investigation or by a transferee which transferee during the pendency of the suit or during the pendency of the execution it shall direct that the applicant be put into possession of the property where the applicant is still resisted or obstructed in obtaining possession the court may also at the instance of the applicant before the judgmentator or any person at his instigating to be detained in civil prison for a term which may extend to 30 days which we have seen in section 74 this is the procedure now what is Rule 99 application let us see were any person other than those mentioned in Rule 98 other than those mentioned in Rule 98 who are they not the judgmentator or by a person instigated by him or by a transferee pending suit or by a transferee pending execution if any person other than any person who does not come under any of these four categories were any person other than those mentioned in Rule 98 is dispossessed of immoral property by the holder of a decree for possession of such property or where such property has been sold in execution of a decree by the purchaser of the wrong he may make an application to the court complaining of such dispossession what is that he obtained a money decree against me in execution of it the property belonging to actually belonging to C was sold as though it is a property which belongs to B the judgmentator either by a collusion or by mistake or by deliberate or by deliberate or non-deliberate say care and caution the property which was sold and sought to be delivered is the property belonging to C then C comes to know it he says to the army no no I am not a part of the proceeding this is not the property of B this is my property C says but the army delivers the property reports the matter to the court and A was put in possession of the property what is the remedy of C C can move the executing court for re-delivery when such application is made what is the court which is expected to do issue notice to all parties then here the case in accordance with the provisions contained rule 101 decide all the points which are mentioned there all the rights including the right title interest in the property in respect of the property shall be decided and pass an order which comes under rule 100 then 99 also says that where such application is made the court shall proceed to adjudicate upon the application in accordance with the provisions here that is rule 101 then rule 100 that is with respect to an application under rule 99 upon determination of the questions referred to rule 101 the court shall in accordance with such determination make an order allowing the application and directing that the applicant be put in possession of the property or dismissing that and if the court finds that no it is not B but C who is the owner of the property was sold and purchased by a the decree holder as if that property belong to B but C is the real order what is the order to be passed under rule 100 put back C possession of the property rule 97 proceeding is before delivery before effecting actual delivery adjudication takes place and orders will be passed according but here fortunately or unfortunately the delivery to place still the adjudication is possible and orders can be passed for delivery 102 makes the provision clear nothing in rules 98 and 100 98 is the order under rule 97 100 is the order under rule 99 shall apply to resistance or obstruction in execution of a decree for the possession of a single property by a person to whom the judge manager has transferred the property after institution suit in which the decree was passed or to the dispossession of such person so these proceedings from 97 to 101 do not apply to a transparent entity he is bound by the decree as A is bound as B is bound C is also bound C said transfer dependent a little from B he is bound by though he was not added as a party additional party and he was not heard by the court while passing the decree need not if I file a suit against you and to defeat my rights you transfer the property to a stranger X transfers to Y should I bleed all those persons not necessary at all if the transfer is hit by the dispendent section 52 of the transfer of property act all these persons X Y and Z will be bound by the decree that is a procedure that is rule 100 and 203 orders to be treated as decree where any application has been adjudicated upon under rule 98 or rule 100 the order made thereon shall have the same force and be subject to the same conditions as to be thereon shall have the same force and be subject to the same conditions as to an appeal or otherwise as if it were a decree an order passed by the executing court is not a decree it is only an order but an order an order passed under rule 98 after adjudication in an application under rule 97 or an order passed by the court under rule 100 after adjudicating upon an application under rule 99 these orders shall be treated as decree for the purpose of appeal that is what is provided in rule 103 this was not the position before 1976 that order the procedure is changed instead of a two-tire litigation it is single-tire litigation everything in the execution proceeding itself and the order will have the effect of a decree and once it is decided it becomes final and conclusive and it will operate as restricted as be 104 order under rule 101 or 103 be subject to the result of a pending suit pending on the date of comments under the procedure if some suit is pending between C and B and an order is passed here that will be subject to the result of that suit this is in short the procedure for delivery resistance removal of a resistance or obstruction and the steps to be taken various steps is the procedure now one hour is over I will cite maximum number of decisions for your convenience maximum number of supreme court judgments please carefully read all these judgments so that you will have no doubt at all absolutely no doubt the first case I said in 1995 1995 one SCC 242 Nooruddin Nooruddin N-O-O-R-D-I-D-D-I-N versus Dr. Kail Anand the scheme of the code appears to be to put an end to the protraction of execution proceedings and to shorten the litigation between the parties that is why all these procedures AER 1997 Supreme Court 856 Citation SCC 973 SCC 694 Executing court must first adjudicate upon the objections of the applicant on merits under rule 97-2 red with rule 101 and 98 instead of insisting upon first hearing our possession and then moving the application by the appellate under rule 99 words the person in rule 97 includes such a stranger that is a view taken that was not the view earlier and therefore all the decisions of the various high courts including that of Kerala High Court taking a different view that anticipatory obstruction will not lie and see the stranger if delivery takes place he can only apply for re-delivery and wait for the proceeding in the meantime the possession will be with A that is not good law all those decisions are not good law in view of this to Supreme Court judgments and see in fact I had also noticed in I remember Patmaja versus Sajeem that is the case I have said that all these Kerala decisions are do not hold good in view of the Supreme Court decision Patmaja versus Sajeem I have decided in 2006 please check up 2006 Patmaja versus Sajeem or Sajeem versus Patmaja another decision A year 1996 Supreme Court 2050 Kerala versus Raj Kumar and others that was a decree for specific performance of agreement for sale third party obstructed final objection stating that he should not be dispossessed the executing court dismissed on the ground that application under rule 97 by a stranger is not maintainable going by the wording of rule 97 the application can be made only by the decree holder not by or by auction process not by others and adjudication is required to be conducted under order to do rule 98 before removal of obstruction means the view taken in Babiland's case by the Supreme Court same view was taken in AAR 1996 Supreme Court 2102 2102 and 95 Supreme Court 358 95 Supreme Court 358 also held that there is a wrong practice A has to obtain possession from B the judgment data I mean goes to the property and C says that he is not bound by the decree the property belongs to C I mean comes to the court and file say report to the decree for 30 days the decree holder will not do anything after 30 days after 30 days he may make an application for issuing a fresh one the court without looking into all those things it should use a fresh one and with the assistance of Amin it will be delivered on a day when C is not there so that everything is smooth operation Supreme Court criticized it and once an obstruction is noticed by the court put to the notice of the court what the court has to do is to issue notice to that see the stranger hear him and pass an order under rule 103 as the case may be either 1997 or 1999 then all the Kerala decisions have gone likewise other High Court judgments which take a contrary view also have gone in a recent decision the Supreme Court I saw that one High Court taken a view that decision is also wrong the Supreme Court say then 1997 Supreme Court 8 5 6 3 6 9 4 Supreme Court says that the court cannot bypass such obstruction and insist on reissuance of warrant of possession under order 21 rule 35 with the help of police force it cannot be done without hearing see the obstruction please see Brahmadeva Chaudhary recently in a decision of the Supreme Court the Supreme Court followed Brahmadeva Chaudhary Babu Lalai said please if I repeat please pardon me I will just see say the decisions please note AER 1996 Supreme Court 2102 AER 1995 Supreme Court 358 2000 Volume 10 SCC 405 2002 Volume 7 SCC 2002 Volume 7 SCC 50 1998 3 SCC 7 2003 and AER 1998 Supreme Court 18 2007 all these are decisions on the same point I said about the Padmaja decision which was rented by me Padmaja versus Sajiv that decision you will get in 2006 one Kerala law times 2006 one Kerala law times 265 I have considered all the then available dead men Supreme Court on the point what was the position before CPC amendment of 1976 that is discussed in one Supreme Court that is AER 1998 Supreme Court 98 Supreme Court 2476 which is equivalent citation 98 6 SCC 2000 Ghasi Ram and others versus Chaitram C.H.A.I.T Chaitram Saini and others first read this judgment if you read this judgment first then you will understand what is the aspect you changed brought out in 1976 then read the other judgment if I am repeating it please pardon me 968 SCC 372 968 SCC 372 Ghasi Akhil Ahmad Ghasi Akhil Ahmad versus Abraheem 2002 Volume 9 SCC 554 Prashant Banerjee versus Pushpa Ashok Chandani there is a division when the decision of the Kerala High Court by Justice P.K. Boris Brunium who later became a judge of the Supreme Court 2001 3 K.L.T 2001 3 K.L.T 117 Ittia Chen versus Tommy I do not know whether there is any parallel A.R. citation I will check up yes A.R. 2002 Kerala 5 A.R. 2002 page 5 parallel citation please read what is the change after the amendment after the amendment of the court in the year 1976 mere possession by the claimant would not be sufficient the claimant is also to show a right to possession independent of the judge see the difference please note some of the later decisions 2007 5 SCC 2007 5 SCC 745 B. Arvind Kumar versus Government of India and others a beautiful discussion is there you will get all the relevant details there please read what is the scope of certificate of sale whether it is a document of title or it is only evidence of title and Justice Arvira Vithran in that judgment says that is evidence of that in one earlier judgment the Supreme Court to be council decision 1920s held that is documented 2007 5 SCC 745 then 1995 3 SCC 252 P Udayani Devi versus V. V. Rajeshwara Prasad then 2009 10 SCC 236 corresponding AER citation AER 2019 Supreme Court 5370 Om Prakash and another versus Amar Singh and another that is police assistance how police assistance should be ordered if necessary by removing the obstruction and Justice Naveen Sinha who wrote that judgment said police cannot straight away jump into action and remove all these things there must be a court order an application should be made by the court to the court the court shall consider the request and if the court orders the police to give assistance then only it should be given next 2015 1 SCC 379 Parallel Citation is AER 2015 Supreme Court 591 Sameer Singh and another versus Abdul Ram and others next 2012 3 Kerala High Court Cases 377 Parallel Citation 2012 3 KLT 2012 3 597 Sivaraman AK versus KV Narendra Nadan and others that was AK I cited that Kerala decision because I could not find any Supreme Court decision on that point Execution Obstruction by a third person that third person files an application under rule 97 Decree Holder died in the meanwhile Decree Holder died in the meanwhile the question was the proceedings whether the proceedings would have reached it was held that on the death of the party to the proceeding in an application under rule 97 there would be no abatement and rule 12 of order 22 will apply rule 12 of order 22 will apply there is a discussion on why it applies because of positive time I am not reading it paragraph 10 in that judgment you will get that discussion next 2003 12 SCC 219 Parallel Citation AER 2004 Supreme Court 511 Aashan Devi and another versus Fulvasi Devi and others it was a suit for a specific performance of an agreement for sale suit was filed for a specific performance it was decreed even before the suit was filed and after the date of the agreement the property was sold by the defendant to a few strangers they were not made parties they caused obstruction what will happen they courts below did not properly consider it the Supreme Court posed the questions to be considered and referred the matter to the High Court again and the court said what are the questions to be decided yes next 2011 15 SCC 2011 15 SCC 2017 Haru Vilas versus Mahendra Nath and others Haru Vilas versus Mahendra Nath and others Rule 97 what is the change brought out was also discussed Parallel to A3 Tansim E.Sufia Tansim E.Sufia versus B.B. Haliman Prem Dev Chaudhary's case which I said 95 was followed here then 2002 1 SCC 662 Parallel citation AAR 2002 Supreme Court 251 NSS Narayana Sharma and others NSS Narayana Sharma and others versus Goldstone Exports Private Limited the next 2000 10 SCC 405 Anwar B versus Pramod D.A. Joshi Pramod D.A. Joshi and others next 1998 4 SCC 543 Parallel Citation AAR 1998 Supreme Court 1827 Sridharth versus Rajesh Again discussion what is here in paragraph 12 there is a beautiful discussion what was the change brought out in Avaliman and the consequence of the siege and in paragraph 14 it was also found we find both either under the old law and the present law or the present law when a tenant or any person claiming right on his own or the property in a case his objection under rule 97 has to be decided by the executive court itself even before amendment that was the position when a tenant who is not bound by the decree who has got independent right he can put forward his claim whether it is before 1976 or after 1976 the positions these are all in short the decisions which you may go through the provisions which you may go through the provisions very very carefully word by word you may refer to and also the decisions on that point and be a master in execution in execution your role as an effective lawyer becomes important whether you are appearing for the decree holder particularly or whether for the judgment or abstract the rights suppose a lawyer is approached either by a decree holder it has gone something has come on my screen yes all these things come now so whoever when a litigant approaches the decree holder or a or a stranger approaches the law he has to be given the correct advice what is the law on the point what are all the conditions he can take and give a proper advice lead him correctly put forward your arguments effectively in court wherever help is necessary for the party provide that help sometimes because of the laxity on the part of the lawyer valuable rights to the parties should not be lost that is the most important most important is because of your negligence your party should not lose so that what is a law on the point what are the decisions on the point all these things you must be aware of course in recent times it is not necessary to have any book but you can search otherwise but there is no substitute for reading you have to assimilate all those things first of all read the provisions any law, any statute whenever you approach a statute CPC many young lawyers complain to me that it is very difficult for them and how to approach it so it is there is no point in reading from section 1 to the end that will not take you anywhere first of all we have to see how CPC is arranged what are the connections between the various provisions now I said 51 is connected with this likewise there are different various connections first of all see the cracks of the matter first of all we have to read the various provisions of the CPC understand it nobody can remember all these things nobody the only thing that is possible is that you must be able to locate at the correct place it must come to your mind that there is some provision you will search for if a party dies what is the provision to be searched if a party approaches you I have no money to pay code fee which is the provision to be looked into order 33 if it is an appeal by an indigent person order 44 if it is a mortgage suit order 34 if it is a temporary injunction order 39 attachment before judgment order 30 these are all the provisions which must come to my come to our mind by constant reading we must be able to locate but by just looking at the index of CPC we must be able to locate it then there is no difficulty it is very easy so there is no room for any complaint that CPC is a is an uphill task nobody will understand what it is it is your friend friend in me so thank you very much thank you Mr. with us also for providing an opportunity to address these pleasure is all asked that having a knowledge during the lockdown and that too as we keep on repeating that the impact what the one gets by hearing the visual impact is always better than what what is written so we will take the questions so what is the similarity or the subtle difference between section 47 and order 21 rule 97 47 says that all questions arising between the parties to be proceedings in execution shall be decided by the executing court and not by a surprise all questions relating to execution discharge or satisfaction of the decree shall be decided by the executing court that is the general provision knows who will lie in respect of and who is a party who is a representative see the wording of section 47 questions to be determined by the court executing the decree all questions arising between the parties to be suited with the decree was passed or their representatives and relating to execution discharge or satisfaction of the decree shall be determined by the court executing the decree and not by a separate suit this is the mandate of section 47 who is a representative that question also will be decided by the executing court and not by a separate suit explanation 1 plainly for suit 2 has been dispatched and a dependent against them suit has been decreed or parties to be suited then explanation 2 a purchaser of property at a certain execution of decree shall be deemed to be a party to be suited so a purchaser has to get delivery he shall be deemed to be a party he has to get possession of the property so all those questions also will be decided by the executing court and not by a separate suit all questions relating to delivery of possession of such property to such purchaser or his representative shall be deemed to be questions relating to execution discharge or satisfaction this is the provision the question is very important so that I got an opportunity to tell section 47 also so this also underwent change in 1976 once you are taking that question I will just relate because it will be contingent upon the answer what you are trying to give if you can see the chat but though I will also read it that is by Rahul Arora are you able to see the chat on the right side right side Rahul Arora has put a question I can read it for you otherwise is the substituted rule in 1976 with respect to order 21 rule 97 empowers the executing court as that of the appellate court which is not the intent of the legislature under section 47 of the CPC I did not understand the question I did not get it I will unmute Rahul Arora Yes Mr Rahul Arora Good evening sir Good evening My question to you is as you have apprised us about the single tire system that after 1976 there is one system there is no appellate powers remaining with us right now we have to go for the single tire system as per the 1976 amendment there is a correction appellate power is there Okay sir I will explain it again that is the question Yes sir I will explain it again just before 1976 if at the time of delivery a third party causes obstruction he will be heard on what question on the question of his right to on the question of his possession not on the right to possession whether he was in possession and if he was found in possession his possession will be protected and an order will be passed accordingly the defeated party could file a suit under rule 103 to establish his title and get an order till then he will not get possession now after 1976 if a third party claims something he obstructs he comes to the court or he is dispossessed he complains of such dispossession all the question relating to right title and interest of the parties will be determined in the same execution proceeding and not by a separate suit and not only the question of possession the title also will be looked into and once for all a final and conclusive decision will be taken which is deemed to be a decree under rule 103 for the purpose of appeal so that single tyre I said not separate suit appeal is provided appeal is provided there is no bar but otherwise before 1976 the defeated party has to file a suit then what will happen to the execution proceeding this will also drag on how many years whereas this is in the same proceedings so it is convenient it avoids dragging of litigation protraction of litigation wastage of judicial type expenses and time of the litigants people will have more faith in this yes thank you thank you sir we have been invariably seeing the word resistance or obstruction in all these provisions of order 21 so what is the basic difference between resistance or an obstruction because invariably one carries the same image that resistance is somewhat a synonym of obstruction as such resistance and obstruction say resistance to delivery say judge monitor resist he has to assist delivery he is bound by the decree he resists a third party is not resisting he is obstructing that is the difference because if we read order 21 to 20 order 21 itself you do not come to know that from where do we derive the difference between the resistance and obstruction few persons have asked this question how right to information act 2005 is connected with code of civil procedure is there any connection that question is not very clear that is what I was thinking because RTI the intent and purpose of RTI is entirely different and CPC is entirely different probably the question I can ask if she wants to get it I can so that she can put the question I expect that the question which is put by the person is in a proceeding under the RTI act whether the procedure provided in the CPC will that may be the doubt my answer is I am not in a position to give a correct answer now but you may work up the position in section 141 section 141 miscellaneous proceedings the procedure provided in this code in regard to suits shall be followed as far as it can be applicable in all proceedings in any court of civil jurisdiction explanation in this section the expression proceeding includes proceedings under order 9 but does not include a proceeding under RTI to do this otherwise it is only applicable to the proceedings the CPC the provision may not as such apply to RTI act RTI act procedure thereon is separate sometimes it may overlap sometimes the same something akin to this may be that is what I understand I am not claiming that this is a correct answer I do not know I may say yes we have an advocate canon we will unmute advocate canon once you read canon then it is just rings we have unmuted canon good evening lordship lordship my question is whether a criminal action can be taken against lordship if you want to say yes sir our lordship business has got yes my question is whether a criminal action can be taken against the obstrector under section 183 of IPC whether he can be penalized under section 183 of IPC 183 of IPC what is the wording of 183 I do not have IPC with me now just one minute one minute one minute 183 of IPC resistance to the taking of property by the lawful authority of a public servant where officers whoever offers senior assistance to the taking of the property by the lawful authority of a public servant knowing or having reason to believe that he is such public servant shall be punished with imprisonment of either description for a term which may take 6 months of course when amin is obstracted he is beaten black and blue action can be taken yes ok sir thank you sir sir last question we will be taking whether the property is sold in a court action can be challenged by way of separate suit court auction whether it can be challenged yes my answer is this I will give an example A file a suit for money against B the property of C put in auction in execution as if that property belong to B the jetman C is unaware of it he need not obstract he need not come to the court he need not even apply for re-deliver he can file a suit nothing bars that is why hand rule 104 of order 21 says pending suits will be saved yes sir that are the questions and as on the previous session also we said and the fact that today the insights of order 21 it has opened new ways to the issues which are invariably in the minds because as I initially said at the start of the session that it is easier to get a decree but the execution is much tougher because they say once it goes to the lawyer's creates has his own ways to find a way that the decree is not executed so the session as usual like the previous one on the rest of the gate and that it was an engaging session again the session is very engaging and once you have a good person giving insights that it is never the rest of the gate are that we have been hearing and he's barred from giving expressions the other his expressions are always latched upon well and people actually enjoy it that is why on the whatsapp normally we get people that sell that such person should be again requested so that his insights because cpc itself is a voluminous and the judgments flowing out of that are again correlated which are very difficult to understand unless you get a good mentor good teacher or a good person who can explain. So thank you for the wonderful session I on behalf of Beyond Law CLC and ULS Punjabi University Chandigarh thank you for giving us insights we are also thankful to the participants who have participated on this session as well as on the facebook since we were live with the session everyone stay blessed and stay safe since as we are all finding that the reason but be that as it may once we are safe and especially safe with the knowledge that gives up the new impetus thank you everyone thank you thank you one thing this lockdown has brought us here several webinars are there at the same time there is one going on in Calcutta I am expected to be there but I said sorry I have given a word now those who are interested I have already released 82 episodes on CPCC it was intended for law students but there was request from lawyers as well therefore after completing the limitation act I will redo it I will take various portions of the CPCC that will be more than 100 episodes of half an hour now 82 episodes on CPCC has been released and 6 or 7 8 episodes of limitation act every day 1 SP will be released even today I have released one you will get it just www.justicekatishangaran.com youtube you will get it I have also developed an app stroke app or something like that download that everything at the click of the button if it is useful make use of it I will be more happy everything is free it can be accessed by anybody no restriction yes thank you very much thank you I am happy that I could address young lawyers belonging to various places in India at the same platform and I once again thank Mr. Vigas and his team a wonderful opportunity to interact thank you that is also an application because you are on the youtube channel that I have seen I have been seeing that you have created an application also pardon you have created an application also yes I have created an app also the app is also named KT Sankaran I will just say one minute one minute app is sttp colon double stroke www sttp is not necessary even without that you will get it www.justicektsankaran .com so that is a website and stroke cpc and stroke la for limitation for limitation small letters sir I will have that from you after the session sir I will send it now itself to you right sir thank you