SITAL PARSHAD versus KISHORILAL

SITAL PARSHAD versus KISHORILAL

A final decree passed before the appellate court's judgment on the preliminary decree does not require a fresh application or formal amendment if the sole change is variation of the preliminary decree, unless the appellate court specifically orders otherwise. Such modifications are to be accounted for by the executing court during execution. There is no automatic limitation bar for applications to give effect to an appellate variation in execution proceedings.

Parties
Appellant: Sital Parshad; Respondent: Kishorilal
Jurisdiction
India
Judgment Date
06 March 1967
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of the Punjab High Court in Letters Patent Appeal No. 334 of 1961
Outcome
Appeal dismissed
Legal Topics
Preliminary and Final Decrees, Execution Proceedings, Effect of Appellate Variation on Final Decree, Application of Limitation for Final Decrees
Civil Procedure Mortgage Law Preliminary and Final Decrees Execution Proceedings Effect of Appellate Variation on Final Decree Application of Limitation for Final Decrees

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Parties

Sital Parshad

Appellant

Kishorilal

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of the Punjab High Court in Letters Patent Appeal No. 334 of 1961

Legal Issues

  1. 1 Whether a fresh final decree is required when an appellate court varies the preliminary decree after a final decree has been passed and execution is pending.
  2. 2 Whether the period of limitation for seeking a final decree resets after appellate variation of the preliminary decree.

Ratio Decidendi

A final decree passed before the appellate court's judgment on the preliminary decree does not require a fresh application or formal amendment if the sole change is variation of the preliminary decree, unless the appellate court specifically orders otherwise. Such modifications are to be accounted for by the executing court during execution. There is no automatic limitation bar for applications to give effect to an appellate variation in execution proceedings.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs