Supreme Court · 1996 INSC 1521 · Decided 19 December 1996

Gangabai Gopaldas Mohata v. Fulchand and Others

Court
Supreme Court of India
Citation
1996 INSC 1521 · [1996] SUPP. 10 S.C.R. 457
Case number
CIVIL APPEAL No. 16835/1996
Decided
19 December 1996
Bench
M.M. PUNCHHI, K.T. THOMAS (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 84, 85, 47, 50

Headnote

Civil Procedure Code, 190&-Sections 47(3) and 50, order 21, Rules 16, 84 and 85-Person approaching the executing Court claiming to be the repre­ sentative of the decree-holder's interest in the decree, decree-holder disputes C it-The executing Court has to resolve the dispute for the meaning of sub-section (3) of Section 47-'Representative' under Section 47has wider meaning than 'legal Representative' used in Section 50. Maharashtra Munidpalities (Sale of Distrained or Attached Movable and Immovable Property) Rules, 1967-Rules 8(2), (3) and 13--Requirement of making

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