Back
NIDHI GUPTA
Arun Kumar – Appellant
Versus
Atam Parkash – Respondent
JUDGMENT
Nidhi Gupta, J.
Present revision petition has been filed seeking setting aside of the order dated 3.10.2017 passed by the ld. Civil Judge (Junior Division) Hoshiarpur in execution proceedings whereby respondent no.2/ third party/ Objector, has been permitted to file Objections.
2. In order to appreciate the controversy at hand, it is necessary to consider the brief chronological sequence of events, which is as follows:
A third party claiming under a judgment debtor cannot file an application under Order XXI Rule 97; they must file under Rule 99 instead.
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.
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 main legal point established in the judgment is that a bonafide purchaser, not being the decree holder and not having been dispossessed of the property, is not entitled to raise objections under ....
The reviewing court had jurisdiction to review the order, and the Petitioner, as a third party being a transferee during the pendency of the civil suit, cannot claim better rights than the defendants....
Objection to execution of decree – Appellant who is a bonafide purchaser of property and not decree holder, cannot take shelter of Rule 97 of CPC to raise objections against execution of decree passe....
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.
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
