DEO CHAND versus SHIV RAM

DEO CHAND versus SHIV RAM

Reliefs to require decree-holder respondents to furnish security, restrain transfer of property, or impose terms cannot be granted after decree has been executed and possession delivered in favour of decree holders. The Court's inherent powers do not extend to granting such reliefs under the existing Supreme Court Rules and Code of Civil Procedure.

Parties
Petitioner: Deo Chand; Respondent: Shiv Ram
Jurisdiction
India
Judgment Date
24 August 1964
Procedural Posture
Civil Miscellaneous Petition / Interlocutory Application During Pending Appeal
Outcome
Application for reliefs under clauses (i) and (ii) rejected; administrative orders issued for printing record.
Legal Topics
Inherent Powers of Supreme Court, Execution of Decrees, Stay of Execution, Order XLV CPC, Order XLV Rule 5 Supreme Court Rules
Civil Procedure Inherent Powers of Supreme Court Execution of Decrees Stay of Execution Order XLV CPC Order XLV Rule 5 Supreme Court Rules

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Parties

Deo Chand

Petitioner

Shiv Ram

Respondent

Procedural Posture

Civil Miscellaneous Petition / Interlocutory Application During Pending Appeal

Legal Issues

  1. 1 Whether Supreme Court can exercise inherent powers during appeal to put respondents on terms after execution of decree
  2. 2 Whether Supreme Court can direct decree holders to furnish security or restrain transfer of suit property after execution

Ratio Decidendi

Reliefs to require decree-holder respondents to furnish security, restrain transfer of property, or impose terms cannot be granted after decree has been executed and possession delivered in favour of decree holders. The Court's inherent powers do not extend to granting such reliefs under the existing Supreme Court Rules and Code of Civil Procedure.

Court Disposition

Application for reliefs under clauses (i) and (ii) rejected; administrative orders issued for printing record.

Orders

  • Record of the case to be sent for and papers for use of Court be printed under supervision of Registrar.