Supreme Court · 2023 INSC 958 · Decided 30 October 2023
Pradeep Mehra v. Harijivan J. Jethwa (Since Deceased THR. LRS.) & ORS.
- Court
- Supreme Court of India
- Citation
- 2023 INSC 958 · [2023] 14 S.C.R. 123
- Case number
- CIVIL APPEAL No. 6375/2023
- Decided
- 30 October 2023
- Bench
- SANJAY KISHAN KAUL, SUDHANSHU DHULIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 47
Headnote
HEADNOTES Issue for consideration: Matter pertains to the delay being caused to the execution proceedings u/ord. XXI CPC, and the process being abused in the execution proceedings, to the peril of the decree holder. Code of Civil Procedure, 1908 - s. 47 by the court executing decree - Scope and ambit of: Held: All questions between the parties can be decided by the executing court - These questions are limited to the execution of the decree - Executing court can never go behind the decree - Under s. 47 the
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