Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Execution Petition Title Suit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Practice and Procedure : Code of Civil Procedure, 1908; O.XII R.6, O.XXI Rules 95 to 101 r/w c Section 47, O.XLVII R.1CPC, 0.41: Title Suit-Decreed by trial Court-Affirmed by High Court-Supreme Court recorded an Undertaking given by appellant-owner of the property for not executing the decree till disposal of suit for specific performance-Execution Petition-Executing Court directed to seek clarification from Supreme Court as to whether execution need to be stayed till disposal of the suit for specific performance-The Court clarified that the appellant estopped by the undertaking given by them before this Court-Dismissal of the suit/or specific performance-Filing of Review Petition-Review Partly allowed-Appeal against-Allowed by the High Court-On appeal, Held: Having filed a review petition on legal advice and succeeded partly, it was not open to the respondents to prefer an appeal against the entire decree-High Court was wrong in holding that such an appeal could be filed in anticipation-Hence, the decree passed in the title suit enforceable-Transfer of Property Act-Section 53-A Calcutta Thika Tenancy (Acquisition & Regulations) Act, 1981. Review-Scope of-Discussed Right to Review vis-a-vis Right to appeal-Distinction between Doctrines: Doctrine of eclipse-Applicability of The main question which arose for determination in these appeals was as to whether the High Court was justified in entertaining the first appeal filed by the respondents against the original judgement and decree passed in a Suit for specific performance of contract. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 115 |
Petitioner | Rekha Mukherjee |
Respondent | Ashis Kumar Das And Ors. |
SCR | [2005] 2 S.C.R. 473 |
Judgement Date | 2005-03-03 |
Case Number | 1509 |
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