VidhiSangh

Supreme Court of India · 08/09/2017

VIJAY SINGH versus SHANTI DEVI AND ANR.

[2017] 9 S.C.R. 442 · 2017 INSC 874

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

An ex parte pre-emption decree set aside for non-service ceased to exist and could not preserve the claimant’s right as at its former date. The later contested decree was the subsisting decree of the first court; by then Haryana’s amendment had removed co-sharers’ pre-emption rights. The Court dismissed the appeal and left restitution and its limitation to the competent executing court.

Issues

  1. Whether a set-aside ex parte decree fixed the relevant date for subsistence of a pre-emption right.
  2. Whether execution of that decree prevented setting it aside or later restitution.

Provisions considered

Held

Result

Appeal dismissed; interim status quo vacated. Restitution and limitation left to the competent executing court.

Judgment PDF: Supreme Court of India, [2017] 9 S.C.R. 442.