Back
DELHI HIGH COURT
PRATHIBA M.SINGH
S. Sachdeva – Appellant
Versus
Ashok Kumar – Respondent
| Table of Content |
|---|
| 1. challenge to amendment of decree without notice (Para 2 , 3 , 4) |
| 2. reliefs sought in writ petition (Para 5) |
| 3. arguments from both parties regarding notice and limitation (Para 6 , 7) |
| 4. court's observations on vested rights (Para 8) |
| 5. conclusion and order of the court (Para 9) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--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 de
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.
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 ....
A satisfied decree cannot be amended under Section 152 of the C.P.C. as it is considered dead for all practical purposes.
Failure to provide notice in execution proceedings invalidates the sale of property under the amended decree.
Point of Law : Mere nomenclature of anything would have any predominance unless the contents of the document if read together would justify the nomenclature.
Court emphasized that amendments to execution petitions for clarity do not alter property identity and are permissible.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
