Supreme Court · 2004 INSC 446 · Decided 13 August 2004
Balvant N. Viswamitra and ORS. v. Yadav Sadashiv Mule (D) Through LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 446 · [2004] SUPP. 3 S.C.R. 519
- Case number
- CIVIL APPEAL No. 5617/1999
- Decided
- 13 August 2004
- Bench
- R.C. LAHOTI, G.P. MATHUR, C.K. THAKKER (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 2(2), 33, 47
Headnote
B Code of Civil Procedure, 1908 : Sections 2(2), 33 and 47-Decree-Null and voidll"egular or wrong­ Distinction between-Held : Decree or order passed by a court having no C jurisdiction is nullity and can be challenged at any stage, even in execution or collateral proceedings-All irregular void-An erroneous decrees which is not void cannot be challenged in execution or collateral proceedings. Order 1, Rule 9 and sections 2(2) and 33-Suit for possession by D landlord against heirs and legal representatives of tenant-Suit decreed in favour of landlord-Execution
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