Supreme Court · 1998 INSC 461 · Decided 4 December 1998
Bhawarlal Bhandari v. M/S Universal Heavy Mechanical Lifting Enterprises
- Court
- Supreme Court of India
- Citation
- 1998 INSC 461 · [1998] SUPP. 3 S.C.R. 331
- Case number
- CIVIL APPEAL No. 6067/1998
- Decided
- 4 December 1998
- Bench
- S.B. MAJMUDAR, M. JAGANNADHA RAO (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 47; Constitution Article 136; Arbitration Act Section 30
Headnote
Civil Procedure Code, 1908-Section 47-Jurisdiction of executing court to go beyond the decree-Repayment of loan-Dispute-Arbitration-­ Award-Execution proceedings-Objection that decree a nullity as award was passed beyond the period of limitation-Objection overruled by executing C examination-On appeal, held, executing court cannot go beyond the decree unless it is passed by a court without jurisdiction-Decree passed beyond the period of limitation can be corrected in appellate proceedings-Thus High Court not justified in remanding the matter to execution court.
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