Supreme Court · 1966 INSC 268 · Decided 16 December 1966
Prem Ballabh Khulbe v. Mathura Datt Bhatt
- Court
- Supreme Court of India
- Citation
- 1966 INSC 268 · [1967] 2 S.C.R. 298
- Case number
- CIVIL APPEAL No. 615/1964
- Decided
- 16 December 1966
- Bench
- K.N. WANCHOO, R.S. BACHAWAT, J.M. SHELAT (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 51
Headnote
KHULBE r. MATHURA DATT BHATT December 16. 1966. (K. N. WANCHOO, R. S. BAC'HAWAT AND .J.M. SHELAT JJ.) Code of Ci1·i/ Procedure (Act 5 of 1908). cl. (c) of the pro'l'L<o to s. 5 l-Partners-lf in fiduciary r1..>lationship. The partnership business carried on by the appellant, applied for the execution of the decree by arrest and detention of the respondent in prison. The executing court held that the provisions of cl. (c) of the proviso to s. 51 of the Code of Civil Procedure were satisfied and issued a warrant for the arrest of the ·respondent. The Hi,gh
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