SUSHILA DEVI Vs. RAN VEER SINGH

JUDGEMENT

(1.) Leave granted. In proceedings for execution of a decree passed in a suit for specific performance of an agreement to sell certain immovable properties, the appellant sought to file an objection under Section47 of the Code of Civil Procedure on the ground that he was a bona fide purchaser of the property and was in possession.The application was rejected by the Executing Court as well as the District Judge on revision on the ground that the alleged purchase of the property by the appellant was barred by the doctrine of lis pendens.

(2.) A writ petition was preferred by the appellant here in impugning the decision of the District Judge.The petition was rejected by the High Court by the order which has been impugned before us, on the ground that the application under Section 47 was premature since the decree was not sought to be executed against the petitioner. As a proposition of law this cannot be sustained.

(3.) The application under Section47 of the Act could be made at any stage after the decree subject to the question of limitation and it was not necessary for the appellant to wait until the decree is, in fact, sought to be put into execution against her.We accordingly set aside the order of the High Court and remand the matter back for the purpose of deciding the writ petition filed by the appellant on merits.