Excellent lecture and also you have expressed necessity of relook on some judgement. It is very useful to practising advocate. Thank u sir. Ad kathirvel kovilpatti
TRILOKI NATH SINGH VS Anirudh Singh(D) Thr. Lrs -- This Judgment is correct (He is not complete stranger - He is purchaser pendent lite - I.e., Assignee - Steps into status of Judgment debtor -- Hence it relates back to date of suit - Hence, no separate suit) -- I.e., if complete stranger - purchased before suit - New suit is Permissible - Order 23 Rule 3A not applicable. --- [Even Karnataka High court has clarified this point in SUSHILA Vs. VIJAYKUMAR -ILR(KAR)-2021-0-338 - distinguish -Triliki nath]
Apart from the aspect of appeal and/or further appeal, it can also happen that judgement debtor has settled with decree holder who does not feel it necessary to go again to court for even bringing the same into the notice of court coughing up court expenses.. Court should not be compelled to sit on a case where there is no need as such, when even substratum got lost..
Time granted for execution under Art 136 and 137 is to enable the Decree Holder to choose his time to enforce the decree. Court need not hold the case to itself taking away rights granted. Secondly, on setting asIde a decree or instrument and its impact on court fee, it should be appreciated it is a taxing statute . It is not concerned with the defence or offensive step taken by the executant or persons claiming under him. Nature or character of the document are defences available to the executant to challenge it. State while levying tax is not concerned with the mode of chalenge . Vasanthi's dictum should be understood in that context. Let us assume someone earns illegally and income Tax excavates it. It charges the culprit. Tax authorities are not concerned with the manner in which it was earned. It sees any income as taxable. Same with the Court fee. If a document is void perse, viz., hit by some laws without demand for proof , still one can avoid it without payment of court fees on the value of the instrument, otherwise not.