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

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

Since the appellate decree became final in 1965 and the amendment came into force in 1973, the rights of the parties were crystallized and unaffected by the amendment. The amendment does not apply retrospectively to concluded proceedings, and it only applies to Punjab, not Haryana. Furthermore, new objections cannot be raised for the first time at the Supreme Court stage.

Parties
Appellant: Lekh Raj (Dead) through L.Rs. & Ors.; Respondent: Ranjit Singh & Ors.
Jurisdiction
India
Judgment Date
16 August 2017
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order Dated 04.08.2006 in C.r. No. 3823 of 2005, Which Affirmed the Orders of the Executing and Appellate Courts on Execution of Decree
Outcome
Appeal dismissed
Legal Topics
Execution of Decree, Retrospective Application of Amendment, Rights Crystallized Prior to Amendment, Jurisdictional Extent of Statute
Civil Procedure Property Law Execution of Decree Retrospective Application of Amendment Rights Crystallized Prior to Amendment Jurisdictional Extent of Statute

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Parties

Lekh Raj (Dead) through L.Rs. & Ors.

Appellant

Ranjit Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order Dated 04.08.2006 in C.r. No. 3823 of 2005, Which Affirmed the Orders of the Executing and Appellate Courts on Execution of Decree

Legal Issues

  1. 1 Whether a decree passed prior to the 1973 amendment of the Punjab Custom (Power to Contest) Act, 1920, and which had attained finality, is rendered a nullity and unenforceable due to the amendment and its retrospective operation
  2. 2 Whether an objection not raised at any earlier stage can be raised for the first time on appeal in execution proceedings

Ratio Decidendi

Since the appellate decree became final in 1965 and the amendment came into force in 1973, the rights of the parties were crystallized and unaffected by the amendment. The amendment does not apply retrospectively to concluded proceedings, and it only applies to Punjab, not Haryana. Furthermore, new objections cannot be raised for the first time at the Supreme Court stage.

Court Disposition

Appeal dismissed

Orders

  • All objections to execution overruled
  • Execution application allowed as per terms of the decree