Supreme Court of India
Rahul S Shah v. Jinendra Kumar Gandhi & Ors.
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.
6 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 vexed 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 execution court – Frivolous attempts by unsuccessful litigants to putting up spurious objections and setting up third parties, to object, delay and obstruct the execution of a decree – Urgent need to reduce the delay – In view thereof, to avoid controversies and multiple issues 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…
Authorities it was built on
Where later benches applied it
- 2025 Periyammal (dead) through Lrs & Ors. v. V. Rajamani & Anr. Etc.
- 2025 Mmtc Limited v. Anglo American Metallurgical Coal Pvt. Limited
- 2026 Sheela Gehlot v. Mohini Hardayal Singh.
- 2025 Serious Fraud Investigation Office v. Aditya Sarda
- 2024 Joginder Singh (dead) Thr. Lrs. v. Dr. Virinderjit Singh Gill (dead) Thr. Lrs.
- 2023 Pradeep Mehra v. Harijivan J. Jethwa (since Deceased Thr. Lrs.) & Ors.
Of those, 1 relied on · 1 referred to · 4 mentioned
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