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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Devashis Baruah
Jagannath Sangma S/O Late Manik Ch. Das – Appellant
Versus
Nilu Sah W/O Late Apurba Adhikary – Respondent
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Mr. B. D. Deka, the learned counsel appearing on behalf of the petitioner and Mr. S. K. Goswami, the learned counsel appears on behalf of the respondent.
2. This is an application filed by invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution challenging the order dated 17.03.2021 passed in Petition No.226/2021 arising out of Title Execution Case No.02/2014 whereby the said application filed by the petitioner was rejected.
3. For the purpose of appreciating the facts which led to the filing of the petition being Petition No.226/2021 as well as the present application, it is relevant to take note of the brief facts of the instant proceedings. It is seen that the respondent herein along with one Apurba Adhikari had filed a suit being Title Suit No.29/1999 seeking recovery of possession, i.e. for declaration that the plaintiffs had right, title and interest over the suit property and for possession of the suit property described in Schedule-A and Schedule-B to the plaint by evicting the defendant and by demolishing the houses and structures standing thereon. The petitioner herein was the defendant No.25. It
The amendment of a decree must align with the original judgment and cannot be made without notice to affected parties, as it violates principles of natural justice.
The Executing Court has jurisdiction under Section 47 of the Code to address ambiguities in land boundaries to facilitate proper execution of decrees.
Civil Procedure Code, 1908 – Section 152 – Correction in decree – An unintentional mistake of court which may prejudice cause of any party, must be rectified – If unintentional mistakes could be rect....
Decrees regarding immovable property must be upheld despite minor identification errors, allowing for amendments under CPC to ensure proper execution.
Non-executability of decree – If decree is not nullity, executing court is required to execute such decree unless it has been set aside by a competent court in an appropriate proceeding.
Point of Law : A person, including a stranger, could maintain a petition under Rule 97 of Order XXI and object and get adjudication when he sought to be dispossessed by the decree holder. The express....
Point of law: If once we accept the legal position that neither a contract for sale nor a decree passed on that basis for specific performance of the contract gives any right or title to the decree-h....
The Court affirmed that the Executing Court must execute decrees based on the latest valid judgment while rectifying clerical errors under Sections 47 and 152 of the Code of Civil Procedure.
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