Supreme Court · 1962 INSC 179 · Decided 30 April 1962

Hansraj Nathu Ram v. Lalji Raja & Sons of Bankura

Court
Supreme Court of India
Citation
1962 INSC 179 · [1963] 2 S.C.R. 619
Case number
CIVIL APPEAL No. 173/1956
Decided
30 April 1962
Bench
S.K. DAS, J.L. KAPUR, A.K. SARKAR, N. RAJAGOPALA AYYANGAR, J.R. MUDHOLKAR (5-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 38, 39; Constitution

Headnote

SUPREME COURT REPORTS 619 therefore as i• stood after the amendment of June 3, 1951 is of no assistance to the decree-holder. Section 43 was further amended by Act IC of 195! and the words as they stand at present have already been set out. The appellant rightly does not contend that s. 43 as Code of Civil l'rocrdure. Therefore, eTcD if the deeree was not a foreign decree, the decree-holder's application for execution was rightly dismissed. Tbe appeal is accordingly dismissed with costs. Appeal dismissed. HANSRAJ NATHU RAM v. l.ALJI itAJA & SONS OF BANK.URA ( J. L. KAPUR, A. K.

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