VIJAY SINGH versus SHANTI DEVI AND ANR.

VIJAY SINGH versus SHANTI DEVI AND ANR.

Once an ex-parte decree is set aside on grounds of non-service, it becomes non-est and cannot govern rights of parties. The only operative decree is the one passed after contest by the trial court. Since law was amended prior to that, and the plaintiff no longer had a right of pre-emption, the suit was rightly dismissed.

Parties
Appellant: Vijay Singh; Respondent No. 1: Shanti Devi; Respondent No. 2: Anr.
Jurisdiction
India
Judgment Date
08 September 2017
Procedural Posture
Civil Appeal / Final Supreme Court Appeal From Punjab & Haryana High Court R.s.a. No. 2954 of 2000
Outcome
Appeal dismissed
Legal Topics
Ex Parte Decree, Pre Emption, Restitution, Setting Aside Decree, Limitation
Civil Procedure Property Law Ex Parte Decree Pre Emption Restitution Setting Aside Decree Limitation

Case Brief

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Parties

Vijay Singh

Appellant

Shanti Devi

Respondent No. 1

Anr.

Respondent No. 2

Procedural Posture

Civil Appeal / Final Supreme Court Appeal From Punjab & Haryana High Court R.s.a. No. 2954 of 2000

Legal Issues

  1. 1 Whether in a pre-emption suit, an ex parte decree which is later set aside can be treated as the decree of the court of first instance
  2. 2 Effect of amendment to the Punjab Pre-emption Act, 1913 extinguishing right of pre-emption
  3. 3 Whether execution of ex-parte decree bars relief under Order IX Rule 13, CPC

Ratio Decidendi

Once an ex-parte decree is set aside on grounds of non-service, it becomes non-est and cannot govern rights of parties. The only operative decree is the one passed after contest by the trial court. Since law was amended prior to that, and the plaintiff no longer had a right of pre-emption, the suit was rightly dismissed.

Court Disposition

Appeal dismissed

Orders

  • Status quo order dated 27.11.2006 (continued by 30.03.2009) vacated.