Supreme Court · 2017 INSC 248 · Decided 21 March 2017

M/S. Brakewel Automotive Components (India) PVT. LTD. v. P. R. Selvam Alagappan

Court
Supreme Court of India
Citation
2017 INSC 248 · [2017] 3 S.C.R. 681
Case number
CIVIL APPEAL No. 4313/2017
Decided
21 March 2017
Bench
ARUN MISHRA, AMITAVA ROY (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 47; Companies Act

Headnote

Code of Civil Procedure, 1908: s.47 - Scope and ambit of scrutiny under - Suit for recovery by appellant-plaintiff - Decreed by trial court - Execution application by appellant - s.47 application by respondent-defendant objecting to executability of the decree - Appellant questioned application by respondent - Executing Court held the application to be maintainable - Order affirmed by High Court - On appeal, held: The purview of scrutiny u!s. 47 qua a decree is limited to objections to its executability on the ground of iurisdictional infirmity or voidness - Only a decree

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)