Dhurandhar Prasad Singh vs Jai Prakash University

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2001 Supreme(SC) 959

Dhurandhar Prasad Singh – Appellant
Versus
Jai Prakash University – Respondent

JUDGMENT

B.N. Agrawal, J.-Leave granted.

2. In this appeal decree holder-appellant has challenged the judgment rendered by Patna High Court whereby revision application has been allowed, order passed by the executing Court, rejecting objection under Section 47 of the Code of Civil Procedure (hereinafter referred to as the Code ) to the executability of decree passed in title suit No. 115 of 1977, set aside and objection allowed.

3. Plaintiff-appellant filed suit for a declaration that order dated 11th October, 1977, passed by defendant No. 2 (respondent No. 3) who was Secretary of Governing Body, Ganga Singh College, terminating the services of plaintiff, was illegal. According to the case of the plaintiff disclosed in the plaint, he was appointed as Routine-cum-Examination Clerk in the said college, which was affiliated to Bihar University, by Principal of the College on 8.1. 1977 which was subsequently approved by the ad hoc Governing Body. After constitution of the regular Governing Body, defendant No. 2 passed an order terminating the services of plaintiff in contravention of Statutes of Bihar University which necessitated filing of the present suit. In the said suit, th

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Judicial Analysis

The vast majority of references (over 150 instances across IDs like Government Of Orissa VS Ashok Transport Agency - 2002 4 Supreme 399, Government of Orissa VS Ashok Transport Agency - 2002 4 Supreme 399, Jaskirat Datwani VS Vidyavati - 2002 4 Supreme 23, SARDAR ASHA SINGH VS RAJESH KUMAR AGARWAL - 2003 0 Supreme(Jhk) 200, Abhinandan Jha Alias Abhed Jha VS Anant Mishra - 2003 0 Supreme(Pat) 703, Bibi Zubaida Khatoon, Amichand Aggarwal VS Nabi Hassan Saheb - 2003 7 Supreme 679, Bajaj Auto LTD. VS Bhojane Gopinath D. - 2003 8 Supreme 833, Mostmat Dhanmati Devi @ Dhanwati Devi VS Krishna Kumar Singh - 2004 0 Supreme(Pat) 499, [Ram Wati, Sri Balbir Singh

VS Mahesh Chand

**Explanation**: Phrases like "relied upon", "held by this Court", "the Apex Court observed", "it has been held", "reference may be made to", "the Hon'ble Supreme Court in ... has held as under", "lays down", "principle laid down by", "followed in", "after considering the law laid down in", "distinction ... explained in", "this Court in ... noted as follows" indicate positive treatment. The case is repeatedly used for propositions on Order XXII Rule 10 CPC (devolution/assignment of interest, substitution, pendente lite transferees), Section 47 CPC (executing court powers, void vs. voidable decrees), and distinctions between void/voidable transactions. No countervailing negative language appears.

Kewal Krishan and Ashok Kumar s/o Late Shri Lal Chand VS S. P. S. Bhullar, Advocate - 2013 0 Supreme(P&H) 610: "Dhurandhar Prasad Singh Versus Jai Prakash University and others-(2001) 6 SCC 534 will have to be understood as a ..."

**Explanation**: Explicitly states the case "will have to be understood as a" (incomplete snippet, but implies contextual limitation or distinction from facts involving objector adjudication on decree holder title).

M. S. Anuradha VS S. V. Ramanujamma - 2018 0 Supreme(Kar) 308: "The Hon’ble Supreme Court in the case of Dhurandhar Prasad Singh Vs. ... Jai Prakash University And Others reported in (2001) 6 SCC 534 was dealing with a similar situation, but ... His Lordship Justice B.N.Agrawal, who had decided the case of Dhurandhar Prasad Singh reiterated his opinion that the successor in"

Nehru Place Hotels Limited VS Bhushan Limited - 2011 0 Supreme(Del) 525: "Jai Prakash University and Ors: 2001 (6) SCC 534 while observing that "in the case of Dhurandhar Prasad ... Prasad Singh v. ... In any event, it was contended by the learned Counsel for the Appellant that the decision in the case of Dhurandhar Prasad Singh"

Penta Buildcon Pvt. Ltd. VS Laltobai - 2016 0 Supreme(MP) 95: "So far as judgment in the case of Dhurandhar Prasad (supra), is concerned, matter was with respect to functioning of a College wherein"

Ashwini Trading Co. VS Housing Bank Limited - Current Civil Cases (2025): "The judgment in the matter of Dhurandhar Prasad Singh (supra), which deals with assignment will therefore not apply to the present"

**Explanation**: These note factual differences ("similar situation, but", "contended that the decision", "matter was with respect to", "will therefore not apply") without disapproval, indicating distinction on facts rather than rejection of law.

2001 Supreme(SC) 959

Dhurandhar Prasad Singh – AppellantVersusJai Prakash University – Respondent

Judicial Analysis

Dhurandhar Prasad Singh – Appellant
Versus
Jai Prakash University – Respondent