TASADDUG HUSSAIN KHAN versus SHIV NATH SAHU (DECEASED) THROUGH LRS. AND ANR.

TASADDUG HUSSAIN KHAN versus SHIV NATH SAHU (DECEASED) THROUGH LRS. AND ANR.

Any variation to or interference with a joint and indivisible decree for restitution passed by the High Court is impermissible in the absence of all decree holders, since the decree cannot be split among present and absent parties.

Source-derived case information.

Parties
Appellant: Tasaddug Hussain Khan; Respondent No. 1: Shiv Nath Sahu (Deceased) through LRs.; Respondent: Respondent No. 3
Jurisdiction
India
Judgment Date
26 March 1998
Procedural Posture
Civil Appeal / Supreme Court Appeal From Allahabad High Court
Outcome
Appeal dismissed
Legal Topics
Restitution, Auction Purchaser Liability, Section 144 CPC, Joint Decree
Civil Procedure Restitution Auction Purchaser Liability Section 144 CPC Joint Decree

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Parties

Tasaddug Hussain Khan

Appellant

Shiv Nath Sahu (Deceased) through LRs.

Respondent No. 1

Respondent No. 3

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Allahabad High Court

Legal Issues

  1. 1 Whether a joint decree for restitution can be varied or maintained in the absence of some judgment-debtors from the array of parties on appeal.

Ratio Decidendi

Any variation to or interference with a joint and indivisible decree for restitution passed by the High Court is impermissible in the absence of all decree holders, since the decree cannot be split among present and absent parties.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed without any order as to costs.