HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE BIRENDRA KUMAR, J
Vijay Laxmi – Appellant
Versus
Pushpchand – Respondent
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| 1. background of the case (Para 1 , 2 , 3 , 4) |
ORDER :
1. By order dated 10.02.2010 passed in Civil Original Suit No.282/2004 (58/97), the learned trial Judge has rejected the plaint under Order VII Rule 11 C.P.C. Since rejection of plaint is a ‘decree’ as defined in Section 2 of the Code of Civil Procedure, this appeal has been filed under Section 96 of C.P.C. challenging the aforesaid rejection.
3. Thereafter, plaintiff-Pushpchand filed an application for disclosure of the name of lis pendens purchasers but late Kalu Ram could disclose name of a few and stated in the petition that since the sale-deed is a registered document, plaintiff can obtain certified copy and get name of the purchasers. But the course adopted by the trial Court was that defence of Kalu Ram was rejected.
5. Consequently, the suit was decreed in favour of plaintiff- Pushpchand by judgment and decree dated 18.04.1996.
7. Thereafter, almost all the 63 purchasers by different petitions filed under Order I Rule 10 C.P.C. desired to be impleaded in the execution proceeding as party. But all the petitions were rejected on 31.7.1997 on the ground that neither they were decree holder nor judgment debtor.
9.
Bonafide purchasers without notice of an original agreement can challenge a decree in a separate suit, as the Execution Court cannot adjudicate on the decree's collusiveness.
The court reinforced that obstruction claims in execution proceedings must be heard to uphold rights, ensuring adherence to natural justice principles.
The executing court is competent to consider all questions raised by the persons offering obstruction against execution of the decree and pass appropriate order, which is to be treated as a decree. T....
A subsequent purchaser cannot assert rights against a prior decree holder, as established by the doctrine of lis pendens under Section 52 of the Transfer of Property Act.
(1) Lis Pendens – Section 52 of T.P. Act has no application where transfer in favour of subsequent purchaser is not after filing of suit but before filing of suit for specific performance.(2) Resista....
Court executing decree shall determine all questions arising between parties to suit or their representatives in relation to execution, discharge, or satisfaction of decree and such questions may not....
A purchaser of property during the pendency of a suit has no right to resist or obstruct the execution of a decree, as per Order XXI Rule 102 and the doctrine of lis pendens.
The doctrine of lis pendens applies to subsequent purchasers; their rights are subordinate to those of the decree holder in a specific performance case.
The main legal point established in the judgment is that a decree obtained by a tenant against a licensee can be executable against subsequent purchasers who are in possession without any lawful decr....
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....
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