Supreme Court · 2024 INSC 36 · Decided 12 January 2024
Asma Lateef & Anr v. Shabbir Ahmad & Ors
- Court
- Supreme Court of India
- Citation
- 2024 INSC 36 · [2024] 1 S.C.R. 517
- Case number
- CIVIL APPEAL No. 9695/2013
- Decided
- 12 January 2024
- Bench
- BHUSHAN RAMKRISHNA GAVAI, DIPANKAR DATTA, ARAVIND KUMAR (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 47, 2(2)
Headnote
Whether the order dated 05.08.1991 (vide which application u/ rr.5 and 10 of Or.VIII, CPC was allowed by the Trial Court for pronouncement of judgment against defendant no.2 in the suit) suffered from a jurisdictional error so grave that the decree drawn up subsequently by the Executing Court and an objection that it is inexecutable was available to be raised u/s. 47, CPC by the respondents 1 to 3. Code of Civil Procedure, 1908 - rr. 5, 10 of Or. VIII and s.47 - Respondents 1 to 3 had filed an objection u/s. 47 of the CPC in an
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