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Supreme Court of India

RENJITH K.G. & OTHERSversusSHEEBA

Citation
2024 INSC 773
Decided
14 October 2024
Disposal
Dismissed

Holding

Any person, including a pendente lite transferee who is not a party to the suit, may invoke Order XXI Rule 99 CPC to seek re‑delivery of immovable property after dispossession, and the limitation for execution of a partition decree runs from the date of the final decree.

Summary

The appellants, representing the original decree holder, sought to enforce a partition decree dated 9 March 1970 that awarded them a share of a one‑acre property in Kerala. The decree was engrossed on stamp paper in 1990 and an execution petition for possession was filed in 1991, resulting in the plaintiff taking possession in 1994. The predecessor of the respondents, a pendente lite transferee, was dispossessed and filed an application under Order XXI Rule 99 of the CPC for re‑delivery, claiming an independent title. The High Court allowed the application, held the execution petition time‑barred under the Limitation Act, and remanded the matter for fresh consideration. The Supreme Court examined whether a pendente lite transferee, a stranger to the suit, can invoke Rule 99 and also clarified that limitation for execution of a partition decree begins from the date of the final decree, not from its engrossment. It affirmed that any person, including a pendente lite transferee, may seek relief under Rule 99 and upheld the High Court’s remand, dismissing the appeals.

Issues considered

  • Whether a pendente lite transferee, who is a stranger to the suit, can file an application under Order XXI Rule 99 CPC for re‑delivery after being dispossessed.
  • Whether the limitation period for executing a partition decree begins from the date of the final decree or from the date of its engrossment on stamp paper.

Legislation cited

Headnote

Issue for Consideration Whether a pendente lite transferee, a stranger to the suit can file application under Order XXI Rule 99, Code of Civil Procedure, 1908 seeking re-delivery after dispossession. Headnotes† Code of Civil Procedure, 1908 – Or.XXI, r.99 – Predecessor of the from the property in execution of the decree passed in the suit, if could file application under Or. XXI, r.99 against dispossession: Held: Yes – Under Or.XXI, r.99, where any person other than the judgment debtor is dispossessed of immovable property by the holder of a decree for

Subjects

Order XXI Rule 99 of the Code of Civil Procedure, 1908Pendente lite transfereeStranger to the suitDispossessionRe‑deliveryThird party to the decreeRights of a decree holderExecution petition time‑barredLimitation for execution of decreePartition decree

Judgment

                [2024] 10 S.C.R. 1359 : 2024 INSC 773

                           Renjith K.G. & Others
                                     v.
                                  Sheeba
                   (Civil Appeal Nos. 8315-8316 of 2014)
                                14 October 2024
               [Pankaj Mithal and R. Mahadevan,* JJ.]

                            Issue for Consideration
       Whether a pendente lite transferee, a stranger to the suit can file
       application under Order XXI Rule 99, Code of Civil Procedure,
       1908 seeking re-delivery after dispossession.

                                    Headnotes†
       Code of Civil Procedure, 1908 – Or.XXI, r.99 – Predecessor of
       the respondents, a pendente lite transferee was dispossessed
       from the property in execution of the decree passed in the suit, if
       could file application under Or. XXI, r.99 against dispossession:
       Held: Yes – Under Or.XXI, r.99, where any person other than the
       judgment debtor is dispossessed of immovable property by the
       holder of a decree for the possession of such property, or where
       such property has been sold in execution of a decree, by the
       purchaser thereof, he may make an application complaining of such
       dispossession – A third party to the decree has a right to approach
       the Court even after dispossession of the immovable property, which
       he was occupying – Predecessor of the respondents not a party
       to the suit was dispossessed from the property in execution of the
       decree passed in the suit and therefore, he who is purported to be
       a stranger to the decree can adjudicate his claim of independent
       right, title and interest in the decretal property as per Or.XXI, r.99 –
       “any person” not a party to the suit or a stranger to the suit can
       seek re-delivery after being dispossessed – The term “stranger”
       would cover within its ambit, a pendente lite transferee, who has
       not been impleaded – Once an application under Or.XXI, r.99 is
       filed, it is incumbent upon the Trial Court to consider all the rival
       claims including the right, title and interest of the parties under
       Or.21, r.101 – High Court rightly set aside the order passed in the
       execution petition and remanded the matter to the trial court for
       fresh consideration leaving all the issues including the independent

* Author
1360                                                        [2024] 10 S.C.R.

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    right, title or interest claimed by the respondents in the property in
    question, to be adjudicated – No illegality in the judgment of the
    High Court warranting interference. [Paras 14-16, 19]
    Limitation – Decree passed in suit for partition – Limitation
    for execution – Respondent argued that the decree passed on
    09.03.1970 was engrossed on the stamp paper on 19.11.1990,
    the execution petition for delivery of possession of the property
    filed only on 13.03.1991 was time-barred and the High Court
    rightly allowed the applications filed by the predecessor of
    the respondents seeking re-delivery of possession inter alia
    contending that the execution petition was time barred:
    Held: As regards the limitation for execution of a decree passed
    in the suit for partition, time begins to run from the date of final
    decree and not from the date on which it is engrossed on the stamp
    paper – High Court rightly set aside the order passed in the execution
    petition and remanded the matter to the trial court. [Paras 16, 19]

                             Case Law Cited
    Chiranji Lal (D) by LRs. v. Hari Das (D) by Lrs. [2005] Supp. 1 SCR
    359 : (2005) 10 SCC 746; Sriram Housing Finance & Investment
    (India) Ltd. v. Omesh Mishra Memorial Charitable Trust (2022) 15
    SCC 176 : 2022 SCC OnLine SC 794 – relied on.

                                List of Acts
    Code of Civil Procedure, 1908; Limitation Act, 1963.

                             List of Keywords
    Order XXI Rule 99 of the Code of Civil Procedure, 1908; Pendente
    lite transferee; “Stranger”; Stranger to the suit/decree; Not a party
    to the suit; Dispossession; Re-delivery; Third party to the decree;
    Rights of a decree holder; Third party to the suit; Right of a third
    party after being dispossessed; Execution petition for delivery of
    possession of the property; Execution petition time-barred; Decree
    passed in suit for partition; Limitation for execution.

                            Case Arising From
    CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 8315-8316
    of 2014
    From the Judgment and Order dated 11.11.2011 of the High Court
    of Kerala at Ernakulam in EFA Nos. 6 and 7 of 1998
[2024] 10 S.C.R.                                                                              1361

                              Renjith K.G. & Others v. Sheeba


                                   Appearances for Parties
       Rajeev Mishra, Sanand Ramakrishnan, Thomas Martin, Advs. for
       the Appellants.
       Jayanth Muth Raj, Sr. Adv., Nishe Rajen Shonker, K.S. Bharathan,
       Mrs. Anu K Joy, Alim Anvar, Ajith Anto Perumbully, Advs. for the
       Respondent.

                       Judgment / Order of the Supreme Court
                                              Judgment
       R. Mahadevan, J.
       Heard Mr. Rajeev Mishra and Mr. Sanand Ramakrishnan, learned
       counsel for the appellants and Mr. Jayant Muth Raj, learned senior
       counsel and Mrs. Nishe Rajen Shonker, learned counsel for the
       Respondent.
2.     These Civil Appeals are preferred against the judgment and order
       dated 11.11.2011 passed by the High Court of Kerala at Ernakulam1
       in E.F.A Nos.6 and 7 of 1998, whereby, the High Court allowed the
       said appeals and remanded the matter to the trial Court for fresh
       consideration.
3.     Succinctly stated facts are that the appellants are the legal
       representatives of the original plaintiff / decree holder viz., Padmakshy
       (deceased), who had filed a suit in O.S.No.38 of 1956 before the Sub
       Court, Parur, for partition and separate possession of her share in
       the plaint schedule 13 items of immovable properties. The Sub Court,
       Parur, passed a preliminary decree on 23.10.1958. Subsequently,
       the said suit was transferred to the file of the Additional District
       Court, Parur and re-numbered as O.S.No.82 of 1960, in which, a
       final decree was passed on 09.03.1970.
4.     The dispute revolved around is qua item no.4 of the plaint schedule
       property measuring an extent of 1 acre 57 cents in Sy.No.120/10
       situated at Muppathepadam Kara, Kodungallur Village, Paravur
       Taluk, Kerala, which originally belonged to one Ayyapan, who had
       eight children. In the year 1085 M.E.2 the said Ayyappan executed a


1    Hereinafter shortly referred to as “the High Court”
2    Malayalam Era or the Malayalam Calendar. To get the corresponding year on the Gregorian Calendar,
     add 826 which makes it 1911.
1362                                                      [2024] 10 S.C.R.

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      mortgage in favour of one Kunjan and created a further mortgage in
      favour of the same mortgagee in the year 1093 M.E.3 On the death
      of Ayyappan, his six children assigned their 6/8 shares in favour of
      one Raghuthaman, by gift deed No. 2147 dated 17.07.1963 and
      the remaining 2/8 shares were obtained by the Defendant No.1, by
      name, Padmanabhan, as per the deed No.1491 of 1119 M.E.4 On the
      death of the mortgagee Kunjan, his rights devolved on the Defendant
      No.1 and the original plaintiff Padmakshy (who was a minor at that
      time). The Defendant No.1, without the concurrence of Padmakshy,
      executed a mortgage for Rs.1,000/- in favour of one Nanu, in the
      year 1123 M.E.5 and the said Nanu, in turn, assigned his right to the
      Defendant No.10, by name, Veeran, as per deed No.101 of 1951.
      As per document No.3669 of 1964, the Defendant No.10 assigned
      his right to the said Raghuthaman.
5.    In the final decree proceedings, qua item no.4, based on the
      Advocate Commissioner’s report, the plaintiff was allotted one half
      portion of the property in Sy.No.120/10 i.e., red shaded portion in
      Ex.C2 plan; and the Defendant No.10 was directed to pay a sum of
      Rs.461.67 towards equalisation and also mesne profit at the rate of
      Rs.64.80 per year to the plaintiff. The final decree was engrossed
      on the requisite stamp paper on 19.11.1990. To execute the same,
      the plaintiff preferred an Execution Petition bearing No.4 of 1991,
      in which, notice was ordered to the defendants / judgment debtors,
      but, they did not turn up. Ultimately, the Executing Court ordered
      delivery of possession and accordingly, a portion of item no.4 plaint
      schedule property, as shown in Ex.C2 plan, was delivered to the
      plaintiff on 22.11.1994.
6.    Thereafter, the aforesaid Raghuthaman preferred E.A.No.1 of 1995
      in E.P. No.4 of 1991under Order XXI Rule 99 of the Civil Procedure
      Code6 for re-delivery of the property mentioned in Ex.C2 plan,
      claiming independent right, title and interest in the same. Along with
      this application, he also filed E.A.No.2 of 1995 seeking an order
      of injunction restraining the plaintiff from committing waste till the
      disposal of EA No.1 of 1995; and E.A.No.3 of 1995 for recovery


3    Gregorian Calendar year 1919
4    Gregorian Calendar year 1945
5    Gregorian Calendar year 1949
6    For short, “CPC”
[2024] 10 S.C.R.                                                         1363

                           Renjith K.G. & Others v. Sheeba


      of damages to the tune of Rs.25,000/- from the plaintiff for having
      committed waste in the property. All the three applications were jointly
      heard and were dismissed, by a common order dated 12.08.1997.
7.    Aggrieved by the aforesaid order passed in E.A. Nos.1 and 3 of 1995,
      the said Raghuthaman filed Execution First Appeals viz., EFA Nos.6
      of 1998 and 7 of 1998, which came to be dismissed by the High
      Court, by judgment dated 30.05.2007. Seeking to review the said
      judgment, the respondents herein, who are the legal representatives
      of the said Raghuthaman, filed R.P.Nos.1107 and 934 of 2007, which
      came to be allowed, by order dated 22.03.2010. Pursuant to the
      same, E.F.A Nos.6 and 7 of 1998 were re-heard and were eventually,
      allowed by the High Court, by the judgment dated 11.11.2011 which
      is impugned herein.
8.    The first and foremost contention of the learned counsel appearing
      for the appellants is that the predecessor of the respondents
      (Raghuthaman) did not establish his independent right, title or
      interest in the property in question and he was only a pendente lite
      transferee and therefore, he cannot resist the execution of a decree
      filed by the original plaintiff / decree holder. Additionally, the learned
      counsel submitted that the decision in Chiranji Lal (D) by LRs. v.
      Hari Das (D) by LRs.7 relied on by the High Court is not applicable
      to the facts of the present case.
9.    The learned counsel appearing for the contesting respondent, on
      the other hand, submitted that the final decree was passed on
      09.03.1970; it was engrossed on the stamp paper on 19.11.1990;
      the execution petition seeking delivery of possession of the property
      under the decree was preferred only on 13.03.1991, which was
      clearly barred by limitation as per Article 136 of the Limitation Act.
      That apart, the predecessor of the respondents under Order XXI
      Rule 99 CPC is entitled to raise the question of limitation for the
      execution of the decree, which has become time-barred. Accordingly,
      the High Court set aside the order dated 12.08.1997 passed in EA
      Nos.1 and 3 of 1995 and remanded the matter to the trial Court for
      fresh consideration, by the judgment impugned herein, which does
      not call for any interference at the hands of this Court.



7    [2005] Supp. 1 SCR 359 : (2005) 10 SCC 746
1364                                                      [2024] 10 S.C.R.

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10. We have considered the rival submissions made by the learned
    counsel on either side and perused the records carefully and
    meticulously.
11. The facts narrated above are not disputed. Concededly, in the suit filed
    by the original plaintiff, preliminary decree was passed on 23.10.1958;
    final decree was passed on 09.03.1970 and it was engrossed on
    stamp paper on 19.11.1990; and the Execution Petition seeking
    delivery of possession of the suit properties, came to be filed only
    on 13.03.1991. It is also to be noted that in the final decree, there
    was no order directing the parties to furnish stamp papers for the
    purpose of engrossing the decree.
12. Seemingly, the predecessor of the respondents claimed right, title
    and interest qua 78.5 cents forming part of item no.4 of the plaint
    schedule property, by virtue of the assignment deed dated 01.12.1964
    bearing No.3669 executed by the Defendant No.10. Pursuant to the
    order of the Executing Court, he was dispossessed from the subject
    property, in which, he was occupying and the possession was handed
    over to the plaintiff / decree holder. After repeated challenge, the
    applications preferred by the predecessor of the respondents seeking
    re-delivery of possession and damages, contending inter alia that the
    Execution Petition was barred by limitation, came to be allowed and
    the matter was remanded to the trial Court for fresh consideration,
    by the judgment impugned herein.
13. It was the specific plea of the appellants that the predecessor of the
    respondents being a pendente lite transferee, is not entitled to file
    an application under Order XXI Rule 99 CPC and raise the question
    of limitation of the Execution Petition, so as to deprive the right of
    the appellants to enjoy the fruits of the decree.
14. On a reading of Order XXI Rule 99 CPC, it is lucid that where any
    person other than the judgment debtor is dispossessed of immovable
    property by the holder of a decree for the possession of such
    property, or where such property has been sold in execution of a
    decree, by the purchaser thereof, he may make an application to
    the Court complaining of such dispossession. It also means that a
    third party to the decree has a right to approach the Court even after
    dispossession of the immovable property, which he was occupying.
    In the case on hand, the predecessor of the respondents was not
    a party to the suit and he was dispossessed from the property, in
[2024] 10 S.C.R.                                                           1365

                     Renjith K.G. & Others v. Sheeba


     execution of the decree passed in the suit and therefore, he who is
     purported to be a stranger to the decree, can very well adjudicate his
     claim of independent right, title and interest in the decretal property
     as per Order XXI Rule 99 CPC.
15. In so far as the claim of appellants that the predecessor of the
    respondents, namely Mr. Raghuthaman, being pendent lite transferee
    and hence would have no locus to file the application seeking re-
    delivery, we have already held that “any person” not a party to the
    suit or in other words a stranger to the suit can seek re-delivery, after
    he has been dispossessed. The term “Stranger” would cover within
    its ambit, a pendent lite transferee, who has not been impleaded.
    That apart, the facts in the present case disclose that the property
    stood transferred to the predecessor of the respondents before the
    Final Decree was passed in 1970. The fact that Mr.Raghuthaman
    had successfully resisted the claim of the 9th Defendant for delivery
    of possession, in the presence of the predecessor of the appellant is
    not disputed. While so, it was incumbent on the appellants to have
    impleaded the predecessor of the respondents by filing an application
    under Order 21 Rule 97 of CPC, when they resisted the delivery.
    The pendent lite purchaser has every right to defend his right, title,
    interest and possession. This Court recently while adjudicating the
    right of a pendent lite transferee held as under:
          Yogesh Goyanka v. Govind (2024) 7 SCC 524 : 2024
          SCC OnLine SC 1692
          “16. The fulcrum of the dispute herein concerns the
          impleadment of a transferee pendente lite who undisputedly
          had notice of the pending litigation. At the outset, it appears
          pertinent to reiterate the settled position that the doctrine
          of lis pendens as provided under Section 52 of the Act
          does not render all transfers pendente lite to be void ab
          initio, it merely renders rights arising from such transfers
          as subservient to the rights of the parties to the pending
          litigation and subject to any direction that the Court may
          pass thereunder.
          “17. Therefore, the mere fact that RSD was executed
          during the pendency of the underlying suit does not
          automatically render it null and void. On this ground alone,
          we find the impugned order to be wholly erroneous as
1366                                                        [2024] 10 S.C.R.

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          it employs Section 52 of the Act to nullify RSD and on
          that basis, concludes that the impleadment application is
          untenable. Contrary to this approach of the High Court,
          the law on impleadment of subsequent transferees, as
          established by this Court has evolved in a manner that
          liberally enables subsequent transferees to protect their
          interests in recognition of the possibility that the transferor
          pendente lite may not defend the title or may collude with
          the plaintiff therein (see the decision of this Court in Amit
          Kumar Shaw v. Farida Khatoon [Amit Kumar Shaw v. Farida
          Khatoon (2005) 11 SCC 403] & A. Nawab John v. V.N.
          Subramaniyam [A. Nawab John v. V.N. Subramaniyam
          (2012) 7 SCC 738 : (2012) 4 SCC (Civ) 324] ).”
16. The difference between the rights of a decree holder qua a third party
    to the suit and the right of a third party after being dispossessed
    has been laid down by this Court in Sriram Housing Finance &
    Investment (India) Ltd. v. Omesh Mishra Memorial Charitable
    Trust (2022) 15 SCC 176 : 2022 SCC OnLine SC 794, wherein it
    was held as follows:
          “24. On conjoint reading of the aforesaid provisions,
          it can be observed that under Rule 97, it is only the
          “decree-holder” who is entitled to make an application
          in case where he is offered resistance or obstruction
          by “any person”. In the present case, as admitted by
          the appellant itself, it is a bona fide purchaser of the
          property and not the “decree-holder”. As available from
          the material placed on record, it is the respondent Trust
          along with legal heirs of late N.D. Mishra who are the
          decree-holders and not the appellant. Therefore, it is
          obvious that the appellant cannot take shelter of Rule 97
          as stated above to raise objections against execution of
          decree passed in favour of the respondent. Further, Rule
          99 pertains to making a complaint to the Court against
          “dispossession” of the immovable property by the person
          in “possession” of the property by the holder of a decree
          or purchaser thereof.
          “25. It is factually not in dispute that the appellant
          purchased the said property from Mr Yogesh Mishra vide
[2024] 10 S.C.R.                                                            1367

                     Renjith K.G. & Others v. Sheeba


          sale deed dated 12-4-2004 and has been in vacant and
          physical possession of the property since then. Had it
          been the case that the appellant was dispossessed by
          the respondent Trust in execution of decree dated 2-9-
          2003, the appellant would have been well within the ambit
          of Rule 99 to make an application seeking appropriate
          relief to be put back in possession. On the contrary, the
          appellant in the instant case was never dispossessed from
          the property in question and till date, as contended and
          unrefuted, the possession of same rests with the appellant.
          Considering the aforesaid, the appellant cannot be said to
          be entitled to make an application under Rule 99 raising
          objections in execution proceedings since he has never
          been dispossessed as required under Rule 99.
          26. Now, as stated above, applications under Rule 97
          and Rule 99 are subject to Rule 101 which provides for
          determination of questions relating to disputes as to right,
          title or interest in the property arising between the parties to
          the proceedings or their representatives on an application
          made under Rule 97 or Rule 99. Effectively, the said Rule
          does away with the requirement of filing of fresh suit for
          adjudication of disputes as mentioned above. Now, in the
          present case, Order 21 Rule 101 has no applicability as
          the appellant is neither entitled to make an application
          under Rule 97 nor Rule 99 for the reasons stated above.
          Accordingly, we find no substance in the argument raised
          by the learned counsel for the appellant.”
     Therefore, once an application under Order 21 Rule 99 is filed, it
     is incumbent upon the Trial Court to consider all the rival claims
     including the right title and interest of the parties under Order 21
     Rule 101 which bars a separate suit by mandating the execution
     court to decide the dispute.
17. As regards the question of limitation for execution of a decree passed
    in the suit for partition, this Court, in the decision in Chiranji Lal
    (supra), has categorically held that the time begins to run from the
    date of final decree and not from the date on which it is engrossed
    on the stamp paper. For better appreciation, the relevant passage
    of the said decision is reproduced below:
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        “24. A decree in a suit for partition declares the rights of
        the parties in the immovable properties and divides the
        shares by metes and bounds. Since a decree in a suit for
        partition creates rights and liabilities of the parties with
        respect to the immovable properties, it is considered as
        an instrument liable for the payment of stamp duty under
        the Indian Stamp Act. The object of the Stamp Act being
        securing the revenue for the State, the scheme of the
        Stamp Act provides that a decree of partition not duly
        stamped can be impounded and once the requisite stamp
        duty along with penalty, if any, is paid the decree can be
        acted upon.
        25. The engrossment of the final decree in a suit for
        partition would relate back to the date of the decree. The
        beginning of the period of limitation for executing such
        a decree cannot be made to depend upon date of the
        engrossment of such a decree on the stamp paper. The
        date of furnishing of stamp paper is an uncertain act,
        within the domain, purview and control of a party. No date
        or period is fixed for furnishing stamp papers. No rule
        has been shown to us requiring the court to call upon or
        give any time for furnishing of stamp paper. A party by
        his own act of not furnishing stamp paper cannot stop the
        running of period of limitation. None can take advantage
        of his own wrong. The proposition that period of limitation
        would remain suspended till stamp paper is furnished and
        decree engrossed thereupon and only thereafter the period
        of twelve years will begin to run would lead to absurdity.
        In Yeswant Deorao Deshmukh v. Walchand Ramchand
        Kothari [1950 SCR 852] it was said that the payment of
        court fee on the amount found due was entirely in the power
        of the decree holder and there was nothing to prevent him
        from paying it then and there; it was a decree capable of
        execution from the very date it was passed.
        26. Rules of limitation are meant to see that parties do not
        resort to dilatory tactics, but seek their remedy promptly. As
        above noted, there is no statutory provision prescribing a
        time limit for furnishing of the stamp paper for engrossing
        the decree or time limit for engrossment of the decree on
[2024] 10 S.C.R.                                                         1369

                     Renjith K.G. & Others v. Sheeba


          stamp paper and there is no statutory obligation on the
          Court passing the decree to direct the parties to furnish the
          stamp paper for engrossing the decree. In the present case
          the Court has not passed an order directing the parties to
          furnish the stamp papers for the purpose of engrossing the
          decree. Merely because there is no direction by the Court
          to furnish the stamp papers for engrossing of the decree
          or there is no time limit fixed by law, does not mean that
          the party can furnish stamp papers at its sweet will and
          claim that the period of limitation provided under Article
          136 of the Act would start only thereafter as and when
          the decree is engrossed thereupon. The starting of period
          of limitation for execution of a partition decree cannot be
          made contingent upon the engrossment of the decree
          on the stamp paper. The engrossment of the decree on
          stamp paper would relate back to the date of the decree,
          namely, 7th August, 1981, in the present case. In this view
          the execution application filed on 21st March, 1994 was
          time barred having been filed beyond the period of twelve
          years prescribed under Article 136 of the Act. The High
          Court committed illegality in coming to the conclusion that
          it was not barred by limitation.”
18. The above judgment was relied upon by the Constitutional Bench of
    this Court while deciding the validity of an unstamped agreement,
    wherein it was observed as under:
          Interplay Between Arbitration Agreements under A&C
          Act, 1996 & Stamp Act, 1899, In re (2024) 6 SCC 1 :
          2023 SCC OnLine SC 1666
          “255. In Chiranji Lal v. Hari Das [Chiranji Lal v. Hari Das
          (2005) 10 SCC 746] , a three-Judge Bench of this Court
          rejected the contention that an unstamped preliminary
          decree is not enforceable and, therefore, the period of
          limitation begins to run when the decree is engrossed
          on the stamp paper. The Stamp Act is a fiscal measure
          with the object to secure revenue for the State on certain
          classes of instruments. The Stamp Act is not enacted to
          arm the litigant with a weapon of technicality to meet the
          case of his opponent. As there is no rule which prescribes
1370                                                       [2024] 10 S.C.R.

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             any time for furnishing of stamp paper or to call upon
             a person to pay stamp duty on a preliminary decree of
             partition, the proposition that period of limitation would
             remain suspended till stamp paper is furnished and decree
             engrossed thereon was rejected.”
19. Applying the ratio laid down in Chiranjilal case (Supra) to the facts of
    the present case, the High Court rightly set aside the order passed in
    the Execution Petition and remanded the matter to the trial court for
    fresh consideration, leaving all the issues including the independent
    right, title or interest claimed by the respondents in the property in
    question, to be adjudicated therein. Therefore, we do not find any
    infirmity or illegality in the judgment so rendered by the High Court,
    warranting our interference.
20. In view thereof, these Civil Appeals stand dismissed. However, it is
    open to the appellants to raise all the contentions available to them
    before the trial Court. Costs made easy.
21. Pending application(s), if any, shall stand disposed of.

     Result of the case: Appeals dismissed.



     †
         Headnotes prepared by: Divya Pandey


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RENJITH K.G. & OTHERS versus SHEEBA — 2024 INSC 773 - Legal Desk AI