Supreme Court · 1965 INSC 291 · Decided 10 December 1965
Binayak Swain v. Ramesh Chandra Panigrahi and Another
- Court
- Supreme Court of India
- Citation
- 1965 INSC 291 · [1966] 3 S.C.R. 24
- Case number
- CIVIL APPEAL No. 804/1963
- Decided
- 10 December 1965
- Bench
- P.B. GAJENDRAGADKAR, K.N. WANCHOO, V. RAMASWAMI, P. SATYANARAYANA RAJU (4-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 144
Headnote
Code of Civil Procedure.- S. 144--Property of defendant sold in exe· cution of decree-Subsequently decree set aside and cas.e -remand~ Application for restitution by defendant-Fresh decree passed against de· - fendant-Application for restitution whether to against the appellant was dismissed by the trial court C but the fin;t appellate court passed an ex-parte decree against him. .The appellant's property was sold in execution and purchased by the decree· bolder. The appellant went to the High Court which set aside_ the ex­
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