VidhiSangh

Supreme Court of India · 07/01/2019

SNEH LATA GOEL versus PUSHPLATA & ORS.

[2019] 1 S.C.R. 463 · 2019 INSC 22

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Summary

A judgment-debtor resisted execution of partition decrees on the ground that the trial court lacked territorial jurisdiction. The Supreme Court distinguished such an objection from inherent lack of subject-matter jurisdiction and held that it could not be entertained in execution. It restored the executing court’s decision, directed expeditious execution and preserved the parties’ rights and contentions in the pending first appeal.

Issues

  1. Whether lack of territorial jurisdiction rendered the partition decrees open to challenge in execution.
  2. Whether the remand order warranted interference and what effect the ruling had on the pending first appeal.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside; expeditious execution directed. Pending first-appeal rights and contentions preserved. No costs.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 463.