1. We find that the issue raised in this case was earlier considered by this Court but the two decisions rendered on the point by this Court are inconsistent. Raj Kumar vs. Sardari Lal & Ors. [(2004) 2 SCC 601] held to the effect that a third party to a decree can maintain an application under Order 9 Rule 13 of the Civil Procedure Code, 1908, while the later judgment of this Court in Ram Prakash Agarwal & Anr. Vs. Gopi Krishan (Dead through Lrs) [(2013) 11 SCC 296] held to the contrary, without referring to the earlier judgment.

2. We are informed that later judgments of this Court followed the view taken in Sardari Lal (supra) but, again, without noting the later decision in Ram Prakash Agarwal (supra).

3. It would be proper and appropriate that the issue is settled comprehensively and once and for all by a larger bench decision so as to give a quietus to this legal conundrum.

4. We, accordingly, direct the matter to be placed before the Honble The Chief Justice of India for referring this case to a larger Bench in the light of the conflict between the decisions of the two coordinate benches, as stated above.

Status quo order dated 06.12.2019 shall continue to operate till the next hearing.