Supreme Court · 2008 INSC 1443 · Decided 16 December 2008
Deepa Bhargava & ANR. v. Mahesh Bhargava & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1443 · [2008] 17 S.C.R. 636
- Case number
- CIVIL APPEAL No. 7310/2008
- Decided
- 16 December 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 47; Contract Act Section 74
Headnote
Code of Civil Procedure, 190Q: ~ s.47 - Execution of decree - Executing court - c Jurisdiction of "'.'"" Scope - Held: Executing court has no jurisdiction to modify a decree - It cannot go behind the decree and must execute the decree as it is. Default clause contained in a in nature - s. 7 4 of the Contract D Act is not attracted - Stipulation to pay interest@ 18% p.a. for default in payment within agreed period not unreasonable. In a suit for declaration and permanent injunction ;..- between brothers and sisters in respect of ancestral property, compromise
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