Supreme Court of India
Ashan Devi and Anr v. Phulwasi Devi and Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In the result, the appeal preferred by the Objectors succeeds and is allowed.
Judgment, page 12
From the headnote
Code of Civil Procedure, 1908: Order X(I-Rules 97, 99 and IOI as amended by the Amendment Act, 19 7 6-suit for specific performance of agreement of sale-Ex-parte decree Application by objector complaining of dispossession of suit property Executing court allowing the application on merits-High Court reversing on the ground of no actual or physical dispossession of suit property under the code and lack of jurisdiction in executing court to decide the application on merits-Maintainability of the application-Held , after amendment in CPC, a third party can seek adjudication of dispossession in
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Where later benches applied it
Of those, 1 relied on
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