RUBINDER SINGH/RAJASTHAN FINANCIAL CORPN. AND ORS. versus RAJASTHAN FINANCIAL CORPN. AND ORS. DURGA PRASHAD SHARMA AND ANR.

RUBINDER SINGH/RAJASTHAN FINANCIAL CORPN. AND ORS. versus RAJASTHAN FINANCIAL CORPN. AND ORS. DURGA PRASHAD SHARMA AND ANR.

The High Court's directions in the miscellaneous appeal amounted to granting the final relief prematurely, which is beyond the scope of interlocutory orders; therefore, these directions were not justified and constitute an error of law.

Parties
Appellant: Rubinder Singh; Appellant/respondent: Rajasthan Financial Corporation and Ors.; Respondent: Durga Prashad Sharma and Anr.
Jurisdiction
India
Judgment Date
23 November 1994
Procedural Posture
Civil Appeal / Appeal From Order of High Court (miscellaneous Appeal)
Outcome
Appeals allowed to indicated extent
Legal Topics
Auction Sale, Ad Interim Injunction, Validity of Sale, Error of Law in Granting Relief in Miscellaneous Appeal
Civil Procedure Auction Sale Ad Interim Injunction Validity of Sale Error of Law in Granting Relief in Miscellaneous Appeal

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Rubinder Singh

Appellant

Rajasthan Financial Corporation and Ors.

Appellant/respondent

Durga Prashad Sharma and Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of High Court (miscellaneous Appeal)

Legal Issues

  1. 1 Whether the High Court was justified in granting directions amounting to decreeing the suit at the stage of miscellaneous appeal
  2. 2 Validity of sale conducted by Rajasthan Financial Corporation
  3. 3 Liability of respondent to pay arrears claimed by the Corporation

Ratio Decidendi

The High Court's directions in the miscellaneous appeal amounted to granting the final relief prematurely, which is beyond the scope of interlocutory orders; therefore, these directions were not justified and constitute an error of law.

Court Disposition

Appeals allowed to indicated extent

Orders

  • Auction purchaser (Rubinder Singh) shall maintain the machinery as entrusted, attending only minor repairs for working condition.
  • Auction purchaser shall not alienate or encumber any part of the crusher or machinery subject to the sale and suit.