Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Objections |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – s. 47 – Questions to be determined by the Court executing decree – Objections u/s. 47 – Property originally owned by defendant No.1 – Execution of agreement to sell the property by the brother of defendant No.1- defendant No.2 and also the power of attorney of defendant No.1, for himself and for the principal defendant No.1 with the plaintiff – Pursuant thereto, the vendor not executing the sale deed – Suit for specific performance by the plaintiff against defendant no.1 and no.2 – During pendency, the parties entered into a compromise and the suit was decreed – Execution petition by the plaintiff – Objections by the defendant no. 1 – Objections dismissed and in the meantime the defendant no. 1 died – Thereafter, order dismissing the objections challenged by the son of defendant no. 2, and legal heir of defendant No. 1 claiming rights under a sale executed by defendant no 1, which was dismissed – Special Leave Petition thereagainst also dismissed – However, new round of objections u/s. 47 initiated by respondent no. 1-wife of defendant no. 2 – Dismissed by the executing court – In revision petition, the High Court set aside the order passed by the Executing Court and held that the decree passed by the trial court was inexecutable and a nullity – Correctness: Held: High Court erred in setting aside the Executing Court’s order and in declaring the trial court’s decree void – High Court’s reasoning rests on the erroneous assumption that the property was jointly owned by defendants No. 1 and No. 2, and that the absence of defendant No. 2’s signature on the compromise invalidated the decree – However, defendant No. 2 consistently acknowledged that he had no ownership rights over the property – Compromise, signed by defendant No. 1 and the plaintiff and later verified by defendant No. 2 through an application, substantiates that defendant No. 1 was the sole owner – These facts were upheld by the High Court and this Court in previous proceedings – Defendant no. 2 had limited rights of being in possession of the third floor of suit property – Due to the said reasons, the plaintiff and defendant no. 1 were the only necessary parties needed for the compromise – High Court also incorrectly held that the provisions of Ord. XXIII, r. 3 were not adhered to, whereas the trial court correctly recorded and verified the compromise, fulfilling the requirements of Ord. XXIII, r. 3 – Recording of the compromise and the consequent decree, although appearing procedurally delayed, adhered to the process required under CPC – Furthermore, the High Court overlooked the fact that legal heir of defendant No 2, had previously objected to the execution proceedings, which was dismissed – Subsequent appeals before the High Court, including a Special Leave Petition were also dismissed – Thus, similar objections by respondent No. 1, in her capacity as one of the legal heirs of defendant No. 2 would not be maintainable and would amount to abuse of process of law – Executing Court rightly rejected the objections u/s. 47 filed by the respondent no. 1 – Impugned judgment of the High Court is set aside and that of the executing court is restored – Ord. XXIII, r. 3. |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2024 INSC 329 |
Petitioner | Rehan Ahmed (d) Thr. Lrs. |
Respondent | Akhtar Un Nisa (d) Thr. Lrs. |
SCR | [2024] 4 S.C.R. 694 |
Judgement Date | 2024-04-22 |
Case Number | 5218 |
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