Supreme Court · 1996 INSC 604 · Decided 1 May 1996
Radhey Shyam Jaiswal (Dead) and ORS. v. SMT. Ram Dulari Devi and ORS.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 604 · [1996] SUPP. 2 S.C.R. 189
- Case number
- CIVIL APPEAL No. 9983/1983
- Decided
- 1 May 1996
- Bench
- M.M. PUNCHHI, S.C. SEN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 48, 47; Succession Act
Headnote
SHYAM JAISWAL (DEAD) AND ORS. A v. SMT. RAM DULAR! DEVI AND ORS. MAY 1, 1996 [M.M. PUNCHHI, 0. AND S.C. SEN J.] B Civil Procedure Code. 1908--Section 48(1)(a}--'Delay in filing applica- tion for execution of decree-Execution application filed without limitation period which was compromised-On execution application is barred by time-:Plea that /imitation should be computed from the date of failure-:P/ea not raised before the court below-Held, it cannot be permitted to raise the point in Supreme Cowt which was not urged in the Courts be/ow-Practice & Procedure. D The house in
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