Supreme Court · 2005 INSC 443 · Decided 26 September 2005
M/S. Tci Finance LTD. v. Calcutta Medical Centre LTD. and ANR.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 443 · [2005] SUPP. 3 S.C.R. 489
- Case number
- CIVIL APPEAL No. 5893/2005
- Decided
- 26 September 2005
- Bench
- ARIJIT PASAYAT, G.P. MATHUR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 38, 47, 1, 2
Headnote
LTD. A 11. CALCUTTA MEDICAL CENTRE LTD. AND ANR. SEPTEMBER 26, 2005 [ARIJITPASAYAT ANDG.P. MATHUR,JJ.] B Code of Civil Procedure, 1908-Sections 38, 47 and Order 21Rule54 and 58-Execution Court-Jurisdiction-Scope of-Suit-Decreed­ Execution Petition-Intervention by tenant-Tenancy the scope of the controversrExecution Court does not have jurisdiction to go beyond the decree-It cannot decide the question of tenancy. Suit of the appellant-plaintiff was decreed, against proprietor of respondent No. 2 ex-parte. Application for setting aside ex-parte decree was set aside.
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