A sells an ancestral property, in two different spells, to B, some time before his demise.
The wife and sons of A (C), has published Prohibition on sale, in a leading daily in advance. Though so, the sale has occurred.
C goes to court challenging the First sale.
Later again, C goes to court challenging the Second sale.
Now, the question before the court is if it was right for C to challenge B, in two different suits.
B holds that, under Rule 2 Order 2 of CPC, C cannot do so
High Court proceeds with the reason based
on Order II Rule 3 and passes it's judgement.
Then, on 10 May 2019, the Supreme Court pronounced it's judgement on the 1957 issue, setting aside the Judgement of the High Court.
Download Supreme Court Judgement
The wife and sons of A (C), has published Prohibition on sale, in a leading daily in advance. Though so, the sale has occurred.
C goes to court challenging the First sale.
Later again, C goes to court challenging the Second sale.
Now, the question before the court is if it was right for C to challenge B, in two different suits.
B holds that, under Rule 2 Order 2 of CPC, C cannot do so
High Court proceeds with the reason based
on Order II Rule 3 and passes it's judgement.
Then, on 10 May 2019, the Supreme Court pronounced it's judgement on the 1957 issue, setting aside the Judgement of the High Court.
Download Supreme Court Judgement
No comments:
Post a Comment