No Appeal Against Decree/Order In ‘Section 6 Suit’ For Recovery Of Possession, SC Reminds Courts [Read Order]

‘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.’

The Supreme Court, while dismissing a special leave petition, reminded the courts that ‘Section 6 Suit’ is of summary nature and no appeal lies against it.

A suit under Section 6 of the Specific Relief Act 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 of any such order or decree be allowed.

Such a suit, which was filed by Punjab Agricultural University seeking recovery of possession from on Jaswanth Singh, was decreed by the trial court. Singh’s appeals before the first appellate court and Punjab and Haryana High Court were dismissed, not on maintainability, but on merits.

The bench of Justice Rohinton Fali Nariman and Justice Indu Malhotra, dismissing the SLP filed against these orders, said: “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. We need to remind the Courts below that Section 6(3) of the Specific Relief Act, 1963 shows that the remedy under Section 6 is summary in nature and that no appeal lies.”