Supreme Court of India

Rahul S Shah v. Jinendra Kumar Gandhi & Ors.

Neutral citation

Reported as [2021] 4 S.C.R. 279

Bench S.A. Bobde, L. Nageswara Rao and S. Ravindra Bhat JJ.

Decided 22 April 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that to avoid controversies and multiple issues of a very vex ed question emanating from the rights claimed by third parties, the Court must play an active role in deciding all such related issues to the subject matter during adjudication of the suit itself and ensure that a clear, unambiguous, and executable decree is passed in any suit.

Judgment, page 13

From the headnote

Constitution of India: Arts. 142, 141 and 144 – Delay in the execution proceedings and abuse of process of execu tion court – Frivolous attempts by unsuccessful litigants to puttin g up spurious objections and setting up third parties, to object, dela y and obstruct the execution of a decree – Urgent need to reduce th e delay – In view thereof, to avoid controversies and multiple issue s emanating from the rights claimed by third parties, the Court must play an active role in deciding all such related issues to the subject matter during adjudication of the suit itself and ensure t hat a

Authorities it was built on

2009 Shub Karan Bubna @ Shub Karan Prasad v. Sita Saran Bubna & Ors. cited by 6
1991 Ghan Shyam Das Gupta and Anr. v.. Anant Kumar Sinha and Ors. cited by 1

Where later benches applied it

2025 Periyammal (dead) through Lrs & Ors. v. V. Rajamani & Anr. Etc. relied on
2025 Mmtc Limited v. Anglo American Metallurgical Coal Pvt. Limited referred to
2026 Sheela Gehlot v. Mohini Hardayal Singh. mentioned
2025 Serious Fraud Investigation Office v. Aditya Sarda mentioned
2023 Pradeep Mehra v. Harijivan J. Jethwa (since Deceased Thr. Lrs.) & Ors. mentioned

Of those, 1 relied on · 1 referred to · 3 mentioned

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