Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908 – ‘Judgment in rem’; ‘aggrievedparty’ – When not – Owners of the land in dispute executed anagreement to sell in favour of a Society – A General Power ofAttorney (GPA) in favour of office bearers of the Society was alsoexecuted authorizing them to enter into sale transaction of theproperty – Sale deeds in respect of the property executed in favourof appellants – Suits filed by respondents-plaintiffs claiming to beco-owners of the property inter alia seeking cancellation of theagreement to sell – Decreed – Appellants sought leave to appealagainst the decree – Declined by High Court – Held: Relief claimedin the suit was cancellation of agreement to sell while, the sale deedswhich were the basis of appellants’ claim were executed on the basisof GPA and had nothing to do with the agreement to sell which wassubject matter of the suit – Judgment and decree of the trial courtwas not a judgment in rem and was binding only on the plaintiffsand defendants of the suit, and not upon the appellants – Appellantsneither prejudicially or adversely affected by the decree in questionnor any of their legal rights stood jeopardized bringing them withinthe ambit of ‘person aggrieved’ entitled to maintain appeal againstthe decree – No infirmity in the judgment of High Court.Words & Expressions – ‘person aggrieved’, in context of ajudgment/decree – Meaning of – Discussed – Code of CivilProcedure, 1908.Code of Civil Procedure, 1908 – ss.96 and 100 – Scope of –Discussed. |
Judge | Hon'ble Mr. Justice Krishna Murari |
Neutral Citation | 2020 INSC 502 |
Petitioner | Sri V.n. Krishna Murthy & Anr. Etc. Etc. |
Respondent | Sri Ravikumar & Ors. Etc. Etc. |
SCR | [2020] 7 S.C.R. 1148 |
Judgement Date | 2020-08-21 |
Case Number | 2701 |
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