Supreme Court · 2006 INSC 245 · Decided 25 April 2006
Padma Ben Banushali and ANR. v. Yogendra Rathore and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 245 · [2006] SUPP. 1 S.C.R. 250
- Case number
- CIVIL APPEAL No. 3831/2000
- Decided
- 25 April 2006
- Bench
- ARIJIT PASAYAT, TARUN CHATTERJEE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 47, 115
Headnote
Code of Civil Procedure, 1908--Section 47 and Order XX! Rule 2-­ Execution of decree--Decree-holder entered into an agreement of acfjustment C with oppostive party--Decree-holder filed application for execution of decree before executing Court when the agreement fell through-Opposite party Court allowed the application on the ground that the adjustment was not certified by it under the Code-High Court in Revision held in favour of opposite party by holding that there was conscious waiver D b_v the decree-holder under the agreement--Correctness of-Held, the provisions
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