Supreme Court · 2012 INSC 153 · Decided 30 March 2012
M/S. Pushpa Sahakari Avas Samiti LTD. v. M/S. Gangotri Sahakari Avas S. LTD. and ORS.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 153 · [2012] 2 S.C.R. 648
- Case number
- CIVIL APPEAL No. 8297/2004
- Decided
- 30 March 2012
- Bench
- DEEPAK VERMA, DIPAK MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 47
Headnote
Code of Civil Procedure, 1908 - s. 47 and Or. XX/ - Execution of decree - Questions to be determined - C Compromise decree - Stipulating condition of payment of sum within a particular time - Objections rejected by executing court and order for execution of decree - revision holding that execution application having been filed before the stipulated time, was premature and hence liable D ·to be rejected - Other objections not dealt with - On appeal, held: Premature filing of execution application does not entail its rejection - The decree did not lose
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