Supreme Court · 2017 INSC 689 · Decided 31 July 2017
Raja Venkateswarlu & ANR. v. Mada Venkata Subbaiab & ANR.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 689 · [2017] 6 S.C.R. 548
- Case number
- CIVIL APPEAL No. 9916/2017
- Decided
- 31 July 2017
- Bench
- KURIAN JOSEPH, R. BANUMATHI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 151
Headnote
Code of Civil Procedure, 1908 - s.151, Or. XX/, r.32 - Execution of Decree - Appellant sought Police Protection for execution of proceeding u/s.151 - Granted by Execution Court - High Court interfered holding that application could be filed only C u/Or. XX!, r.32 - Held: The jurisdiction of thing is that an exact provision was not invoked, that by itself shall not be the reason for rejecting the application - If judgment debtor has not suffered any injury nor any prejudice has been caused to him, as in the instant case, the execution must ' D proceed. Allowing the appeal, th!;!
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)