BANK OF BARODA versus R.M. PATWA AND ANR.

BANK OF BARODA versus R.M. PATWA AND ANR.

Orders of the execution court as well as the High Court, which directed adjustment and set-off between third parties in execution, are manifestly erroneous and illegal; execution must proceed strictly according to law, without adjudication of third party claims.

Parties
Appellant: Bank of Baroda; Respondent No. 1: R.M. Patwa; Respondent No. 2: G.K. Kakkani (Proprietor, M/s. Oriental Traders)
Jurisdiction
India
Judgment Date
12 January 1996
Procedural Posture
Civil Appeal / Appeal From Order of Madhya Pradesh High Court in Civil Revision No. 297/92 Dated 10.5.1995
Outcome
appeal allowed
Legal Topics
Execution Proceedings, Third Party Rights, Revisional Jurisdiction, Set Off, Counter Claims
Civil Procedure Execution Proceedings Third Party Rights Revisional Jurisdiction Set Off Counter Claims

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Parties

Bank of Baroda

Appellant

R.M. Patwa

Respondent No. 1

G.K. Kakkani (Proprietor, M/s. Oriental Traders)

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From Order of Madhya Pradesh High Court in Civil Revision No. 297/92 Dated 10.5.1995

Legal Issues

  1. 1 Whether third party rights can be adjudicated and adjusted in execution proceedings to which the party is not a party
  2. 2 Whether the High Court exceeded its revisional jurisdiction under Section 115 CPC by granting decrees and set-off between strangers to the execution proceedings

Ratio Decidendi

Orders of the execution court as well as the High Court, which directed adjustment and set-off between third parties in execution, are manifestly erroneous and illegal; execution must proceed strictly according to law, without adjudication of third party claims.

Court Disposition

appeal allowed

Orders

  • Orders of execution court and High Court set aside
  • Appellant at liberty to proceed with execution in accordance with law