‘Fit Case To Be Included In Law School Syllabus’: Supreme Court On 5th Round Of Litigation Stalling Execution In 50 Yr. Old Suit

  • Post category:Daily Judgments
  • Reading time:4 mins read

‘Fit Case To Be Included In Law School Syllabus’: Supreme Court On 5th Round Of Litigation Stalling Execution In 50 Yr Old Suit

Case: Dipali Biswas and others versus Nirmalendu Mukherjee and others

Coram: Justices Hemant Gupta and V Ramasubramanian

Case No: C.A 4557/2012

Court Observation: “…the case on hand is fit to be included in the syllabus of a law school as a study material for students to get equipped with thevarious provisions of the Code relating to execution”

“..this appeal arises out of the fifth round of litigation at the stage of execution of a simple money decree and we wish that it is theknock out round”

“Not to be put off by repeated failures, the appellants herein, like the tireless Vikramaditya, (who made repeated attempts to capture’Betal’) started the present round (hopefully the final round), by moving a petition in Miscellaneous Case No.15 of 2006 before theexecuting court under Section 47 of the Code, on the ground that the mandate of Order XXI Rule 64 was not followed in the auctionand that therefore a jurisdictional error has crept in and that the same could be corrected at any point of time and at any stage of the proceeding”

“In other words, the appellants have now exhausted almost all provisions available to a judgment­-debtor to stall execution and thecase on hand is fit to be included in the syllabus of a law school as a study material for students to get equipped with the variousprovisions of the Code relating to execution” “A judgment­-debtor cannot be allowed to raise objections as to the method of execution in instalments. After having failed to raisethe issue in four earlier rounds of litigation, the appellants cannot be permitted to raise it now”

[doc id=11062]

Previous Posts

Dependent Cannot Seek Compassionate Appointment On Higher Post Than Held By Deceased Employee: Supreme Court

First Appellate Court Should Deal With All Issues And Evidence And Follow Procedure Under CPC: Supreme Court

Order VI Rule 4 CPC – Fraud, Misrepresentation Or Undue Influence Can’t Be Proved If Specific Pleadings Are Absent: Supreme Court

Motor Accidents Claim – Minimum Wage Notification Not An Absolute Yardstick To Fix Income Of Deceased In Absence Of Salary Certificate: Supreme Court

Chairman, Directors & Officers Can’t Be Summoned In Criminal Complaint Against Company Without Specific Allegations About Their Individual Role: Supreme Court Download Judgement

Keywords

Execution, 50 Yr. Old Suit, Litigation