Fit Case To Be Included In Law School Syllabus – Supreme Court

Surprised by the 5 rounds of litigation in a civil suit , apex court commented that it is a fit case to be included in a law school curriculum , to make students familiar with different provisions of CPC in relation to execution .

Judgement authored by Justice Ramasubramanium contains many witty remarks at different pages in this case . Court is impressed by the untiring effort made by litigant and his using of all provisions of CPC for execution . Court analogies him with “ King Vikramaditya” who indefatigably captures Betal again and again after his fleeing .

Factual Background

Suit filed against Biswas in 1971 for recovering Rs. 3000 from him .It was decreed ex-parte in 1974 .

After order of sale of property by court in1975 , Biswas filed an application to set aside the sale proclamation alleging material irregularity . It got dismissed .

Auction for sale conducted in 1979 , Biswas filed an application under order 21 Rule 90 , praying for setting aside auction sale .

In between Biswas compromised with the auction purchaser but failed to pay him amount , court closed the execution on full satisfaction . The auction purchaser filed application . Matter prolonged any finally auction sale was confirmed valid .

Biswas filed fresh suit praying to set aside the auction sale and declare it as void . Simultaneously filed petition against sale certificate issued to auction purchaser which again got dismissed in 2001 .

Biswas has already constructed a building in disputed property , which has been ordered to be demolished by trial court .

Biswas expired but his heirs continued to fight against the order of delivery of possession .

Legal representatives filed fresh application that sale did not follow mandate of R. 64 of O.21 of CPC . Which says that only that part of the property will be sold so as to satisfy decree amount .

Supreme Court ultimately dismissed the petition on following grounds :-

  1. Plaintiff has opportunities to raise issues at earlier stages
  2. Res judicata is applicable to execution proceedings .
  3. Appellant have exhausted all provision available .

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