KESAR SINGH AND ORS. versus SADHU

Since the Amendment Act was applicable at the relevant time, the appellate court decree was a nullity and the plea of nullity may be raised even in execution proceedings.

Parties: Appellant: Kesar Singh and Ors.; Respondent: Sadhu
Jurisdiction: India
Judgment Date: 29 January 1996
Procedural Posture: Civil Appeal / Appeal From High Court Decision on Revision Under Civil Procedure Code
Outcome: Appeal allowed
Legal Topics: Executability of Decree, Punjab Custom (power to Contest) Act, Validity of Decree, Jurisdictional Nullity

Property Law Customary Law Executability of Decree Punjab Custom (power to Contest) Act Validity of Decree Jurisdictional Nullity

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 10 Party arguments 2

Parties

Kesar Singh and Ors.

Appellant

Sadhu

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Revision Under Civil Procedure Code

Legal Issues

1 Whether the decree is a nullity due to applicability of the Punjab Custom (Power to Contest) Amendment Act, 1973
2 Whether the plea of nullity can be raised in execution proceedings

Ratio Decidendi

Since the Amendment Act was applicable at the relevant time, the appellate court decree was a nullity and the plea of nullity may be raised even in execution proceedings.

Court Disposition

Appeal allowed

Orders

Orders of the courts below are set aside.
Execution petition stands dismissed.