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
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