Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: s.47 - Scope and ambit of scrutiny under - Suit for recovery by appellant-plaintiff - Decreed by trial court - Execution application by appellant - s.47 application by respondent-defendant objecting to executability of the decree - Appellant questioned the maintainability of such application by respondent - Executing Court held the application to be maintainable - Order affirmed by High Court - On appeal, held: The purview of scrutiny u!s. 47 qua a decree is limited to objections to its executability on the ground of jurisdictional infirmity or voidness - Only a decree which is a nullity can be the subject matter of objection u/s.47 and not one which is erroneous either in !all' or on facts - Having regard to the contextual facts and the objections raised by the respondent, no case made out to entertain the application u/s. 47 - Both the Executing Court and the High Court, not only erred in construing the scope and ambit of scrutiny u/s. 47 CPC, but also overlooked the fact that the decree did not suffer either from any jurisdictional error or was otherwise invalid in law. s.47 - Executing Court - Power of - Discussed. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2017 INSC 248 |
Petitioner | M/s. Brakewel Automotive Components (india) Pvt. Ltd. |
Respondent | P. R. Selvam Alagappan |
SCR | [2017] 3 S.C.R. 681 |
Judgement Date | 2017-03-21 |
Case Number | 4313-4314 |
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