DALIP KAUR V JEEWAN RAM, AIR 1996 P AND H 158

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DALIP KAUR V JEEWAN RAM, AIR 1996 P AND H 158

FACTS

• The suit was filed for possession by way of pre-emption which was dismissed by the trial court and subsequently by High Court and then it was granted special leave under article 136 of the Constitution.

But the land was sold to the appellants during pendency of special leave petition.

ISSUE

Are the proceedings in a civil appeal before the Supreme Court in pursuance to the grant of special leave under article 136 of the Constitution not a continuation of the proceedings in the original suit and is the principle of lis pendens not applicable to such proceedings?

HELD

1. The Supreme Court is at the head of the pyramid of judicial system.
2. The power conferred to Supreme Court under the Constitution is very wide and it can be invoked and exercised not only in case where substantial question of law is involved. But even in those cases where the High Court had come to wrong conclusion from the evidence.

• In instant case, the decree passed by trial court and High Court was reversed by Supreme Court and parties were clearly entitled to restitution of possession.

1. The proceedings before Supreme Court are a continuation of those in original suit and doctrine of lis pendens as well as restitution shall apply to the proceedings.
2. The court held that as the matter was decided in favour of the other party by the Supreme Court; they were entitled to a decree of restitution of possession and a sale pending disposal of the case before the Supreme Court was definitely hit by the rule of lis pendens.