Sardar Ravindra Singh vs Gurubachan Kaur

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates Appeared:
For the Applicant : Ku. Chandana Mukherjee
For the Non-Applicant : G.C. Bhatia

Headnote:(1) Civil Procedure Code, 1908 – – S. 47 – – objections allowed by the High Court not awaited – – decree executed on revised map without hearing judgment – debtor – execution is bad in law.
       (2) Execution – – execution Court – – cannot go behind the decree.
        Short Note
       1. The applicants are aggrieved by the impugned order dated 28.4.1995 whereby the District Judge, Jabalpur proceeded to execute the warrant of possession of the premises to the non – applicant, in execution of the decree, for specific performance of contract, over – ruling the objections of the applicants, under section 47 of the Code of Civil Procedure.
       2. Earlier this Court in Civil Revision No.4 74/93 had observed that if the map of the premises filed by the non – applicant in execution case was similar to that filed along with the agreement for sale, then there was no necessity to mention any measurements.
       3. Admittedly, the executing Court proceeded hastely in executing the sale – deed himself, in respect of a premises shown in the revised sanctioned map and recitals inconsistent with the agreement for sale and plaint map even without personal service of notice to the applicant No.1 calling upon him to execute the sale – deed.
       4. It is well settled that the executing Court has to execute the decree as it is.
       5. It is evident that the learned executing Court even without awaiting to peruse the orders of this Court passed in Civil Revision No. 754/95 whereby he was directed to decide the objections by the applicants, passed the impugned order to proceed to execute the warrant of possession of the premises to the non – applicant, over – ruling the objections of the applicant.
       6. For the reasons aforesaid, the impugned order cannot be sustained. Accordingly it is set aside. The case is remitted back to the learned executing court to pass the order afresh in accordance with law after hearing the counsel of both sides.

Sardar Ravindra Singh vs Gurubachan Kaur - 1995 Supreme(MP) 1257