Supreme Court · 2003 INSC 652 · Decided 19 November 2003
Ashan Devi and Anr v. Phulwasi Devi and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 652 · [2003] SUPP. 5 S.C.R. 820
- Case number
- CIVIL APPEAL No. 3130/2002
- Decided
- 19 November 2003
- Bench
- SHIVARAJ V. PATIL, D.M. DHARMADHIKARI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908: Order X(I-Rules 97, 99 and IOI as amended by the Amendment Act, C 19 7 6-suit for specific performance of agreement of sale-Ex-parte decree­ Application by objector complaining of dispossession of suit property­ Executing court allowing the application on property under the code and lack of jurisdiction in executing court to decide the application D on merits-Maintainability of the application-Held , after amendment in CPC, a third party can seek adjudication of dispossession in execution proceeding itself to curtail prolongation of litigation-On
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