Supreme Court · 1952 INSC 71 · Decided 9 December 1952
Mohanlal Goenka v. Benoy Krishna Mukherjee and Others
- Court
- Supreme Court of India
- Citation
- 1952 INSC 71 · [1953] 1 S.C.R. 377
- Case number
- CIVIL APPEAL No. 139/1951
- Decided
- 9 December 1952
- Bench
- MEHR CHAND MAHAJAN, SUDHI RANJAN DAS, VIVIAN BOSE, GHULAM HASAN (4-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 41, 11, 39
Headnote
SUPREME COURT REPORTS M 0 HANLAL GO ENKA v. BENOY KRISHNA MUKHERJEE AND OTHERS. [MEHR CHAND MAHAJAN, DAs, VIVIAN BosE and GHULAM HASAN JJ.] 377 • Res judicata-Execution proceedings-Omission to raise objec­ tion to jurisdiction of executing Court-Constructive res judicata­ Trnnsfer of which passed the decree giving liberty to proceed with execution-Effect of-Civil Procedure Code, 1908, ss. 11, 39, 41. A decree passed by the Calcutta High Court on its Original Side in 1923, was transferred by tbat Court for execution to tbe Court of tbe Subordinate Judge of Asansol in 1931
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)