MOHINDER SINGH versus STATE OF PUNJAB AND ORS.

MOHINDER SINGH versus STATE OF PUNJAB AND ORS.

The appellant, having failed to prove the alleged receipt or raise the objection in earlier proceedings, was barred by constructive res judicata from objecting in execution to the redemption of mortgage. The order of redemption, therefore, stood.

Parties
Appellant: Mohinder Singh; Respondents: State of Punjab and Ors.
Jurisdiction
India
Judgment Date
23 January 2007
Procedural Posture
Civil Appeal / Appeal From the Judgment Dated 10.04.2003 of the High Court of Punjab and Haryana at Chandigarh in C.w.p. No. 5717/2003, Challenging the Order Dated 28.08.2002 of the Financial Commissioner (revenue), Punjab
Outcome
Appeal dismissed with costs.
Legal Topics
Mortgage, Redemption of Mortgage, Res Judicata, Execution Proceedings
Property Law Civil Procedure Mortgage Redemption of Mortgage Res Judicata Execution Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mohinder Singh

Appellant

State of Punjab and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From the Judgment Dated 10.04.2003 of the High Court of Punjab and Haryana at Chandigarh in C.w.p. No. 5717/2003, Challenging the Order Dated 28.08.2002 of the Financial Commissioner (revenue), Punjab

Legal Issues

  1. 1 Whether the order of redemption of mortgaged property could be executed when the appellant contended that an earlier mortgage was not redeemed.
  2. 2 Whether the principle of constructive res judicata barred the appellant's objections in the execution proceedings.

Ratio Decidendi

The appellant, having failed to prove the alleged receipt or raise the objection in earlier proceedings, was barred by constructive res judicata from objecting in execution to the redemption of mortgage. The order of redemption, therefore, stood.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Counsel's fee assessed at Rs. 25,000.