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No Appeal Against Decree/Order Under Section 6, Specific Relief Act, 1963.

No Appeal Against Decree/Order Under Section 6, Specific Relief Act, 1963.

The Supreme Court today, i.e. September 04, 2018, while dismissing a special leave petition, reminded the lower courts that orders under Section 6 of the Specific Relief Act, 1963, also known as ‘Section 6 Suit’, is of a summary nature and no appeal lies against it.

The Supreme Court said that “It is surprising that in a Section 6 Suit, appeals have solemnly been filed and heard on merits. What is even more surprising is that from the first appeal dismissal, a second appeal is also filed and dismissed.”

A suit under Section 6 of the Specific Relief Act, 1963 (SRA) is filed by a person dispossessed, seeking to recover possession. Sub-section 3 clearly states that no appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review be allowed.

One such suit which was filed by Punjab Agricultural University seeking recovery of possession from one Jaswant Singh, was decreed by the trial court. Jaswant Singh filed an appeal which was later dismissed not on maintainability but on merits.

One such suit which was filed by Punjab Agricultural University seeking recovery of possession from one Jaswant Singh, was decreed by the trial court. Jaswant Singh filed an appeal which was later dismissed not on maintainability but on merits.

The bench of Justice Fali Nariman and Justice Indu Malhotra dismissed the special leave petition and reminded the lower courts that the remedy under section 6 of the SRA is summary in nature and that no appeal shall lie against it.

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