Supreme Court · 2004 INSC 567 · Decided 1 October 2004
Chandi Prasad and ORS. v. Jagdish Prasad and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 567 · [2004] SUPP. 4 S.C.R. 942
- Case number
- CIVIL APPEAL No. 599/2003
- Decided
- 1 October 2004
- Bench
- N. SANTOSH HEGDE, S.B. SINHA, TARUN CHATTERJEE (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 1361, 2(2), 96, 48; Constitution Article 136; Limitation Act Section 136, 182
Headnote
Limitation Act, 1963 I Code of Civil Procedure, 1908- Article 1361 Section 2(2)-Decree-Date of enforceability for execution-Within meaning of Article 136-Held: Decree i~ enforceable irrespective of the fact of its being original or appellate-Once decree is sought to be enforced, the date of the point of /imitation. Doctrine: Doctrine of Merger- Meaning and applicability of-When. appellate Court passes a decree, decree of trial Court merges with decree of appellate Court and decree of appellate Court supersedes as the decree of trial Court_: The doctrine does not make any
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