VidhiSangh

Supreme Court of India · 16/08/2017

LEKH RAJ (DEAD) THROUGH L.RS. & ORS. versus RANJIT SINGH & ORS.

[2017] 7 S.C.R. 542 · 2017 INSC 746

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Summary

A 1965 decree that had attained finality was not rendered a nullity by the Punjab customary-rights amendment of 1973. The judgment-debtors’ newly raised objection failed procedurally and on its merits: the amendment concerned pending or later proceedings, and its extension to Haryana had not been shown. Factual objections could not invite the executing court to go behind the decree.

Issues

  1. Whether the 1973 amendment nullified an already final 1965 decree at execution.
  2. Whether the new objection and factual challenges were available in these proceedings.

Held

Result

Appeal dismissed; orders permitting execution of the final decree left undisturbed.

Judgment PDF: Supreme Court of India, [2017] 7 S.C.R. 542.