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PRATHIBA M. SINGH
S. Sachdeva – Appellant
Versus
Ashok Kumar – Respondent
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done through video conferencing.
2. The present petition challenges the impugned order dated 10th April, 2019 by which a decree dated 2nd July 2004 was amended ex-parte, on an application by the decree holder, without notice to the judgement debtor. The decree was originally passed by the Civil Judge (West District), Tis Hazari Courts, Delhi (hereinafter "Trial Court") in Misc. SCJ No. 28/2019 filed by the Defendant in Suit No. 502/2001 titled Smt. S. Sachdeva v. Ashok Kumar. The suit being Suit No. 502/2001 was for cancellation of documents titled as Sale Deed dated 17th July, 1997 executed by the Plaintiff in favour of the Defendant, was filed by Smt S.Sachdeva against Sh.Ashok Kumar. The suit itself was dismissed for non-prosecution. The Defendant had sought a mandatory injunction by way of the counter claim and the same was decreed on 2nd July 2004 in the following terms:
"Testimony of DW-1 on counter claim has remained unrebutted and unchallenged. In view of unrebutted testimony of DW-1 and the documents placed on record, I am of the opinion that defendant has been able to prove his counter claim and is entitled to relief cla
The main legal point established in the judgment is the need to consider vested rights and hear the affected party before making amendments to a decree, especially when the amendments may affect the ....
Amendments to decrees, even if clerical, must be made with fair notice and opportunity for affected parties to respond, ensuring due process rights are upheld.
A satisfied decree cannot be amended under Section 152 of the C.P.C. as it is considered dead for all practical purposes.
Point of Law : Mere nomenclature of anything would have any predominance unless the contents of the document if read together would justify the nomenclature.
The Decree Holders deserved to be put back in possession as relegating them to filing another suit for recovering possession would lead to multiplicity of litigations and would prejudice the Decree H....
Failure to provide notice in execution proceedings invalidates the sale of property under the amended decree.
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