Supreme Court · 2009 INSC 376 · Decided 20 March 2009
M/S. Century Textiles Industries LTD. v. Deepak Jain & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 376 · [2009] 4 S.C.R. 750
- Case number
- CIVIL APPEAL No. 1743/2009
- Decided
- 20 March 2009
- Bench
- D.K. JAIN, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 4, 47, 152
Headnote
Code of Civil Procedure, 1908 - ss. 4 7 and 152 - Scope of - Identity of the proprietor of judgment-debtor Company ~ disputed - High Court in revision directing the execution court c to determine the question of identity - Execution court accordingly determining the identity - Order questioned in that execution court, in exercise of jurisdiction uls. 47 could not have gone into the question of identity, without seeking amendment of decree uls. 152 - On D appeal, held: The question of identity having being adjudicated • on the direction of High Court, cannot be said to be without
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