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Showing contexts for: ejectment execution in Kailash Singh Rajput vs Ram Prakash on 11 August, 1978Matching Fragments
7. Learned counsel for the plaintiff-applicant contended that the order dated 22nd March, 1976, was a nullity and the decree of the Judge Small Cause Court, stood validated under Section 26 (6) of U. P. Act 28 of 1976. He relied on the Supreme Court judgment in Sunder Dass v. Ram Prakash, 1977 All Ren Cas 244 : (AIR 1977 SC 1201). The Supreme Court held that if a law was amended with retrospective effect and if the judgment or decree which may have been passed by the court in contravention of that law would be nullity and it is open to the party against whom the decree of ejectment may have been passed to raise objection in execution proceeding that the decree was a nullity on the date when it was sought to be executed. The question of making a review application and the limitation, as us involved in the present case, was not considered by the Supreme Court.