Supreme Court · 2014 INSC 721 · Decided 14 October 2014
Sameer Singh and Another v. Abdul Rab and Others
- Court
- Supreme Court of India
- Citation
- 2014 INSC 721 · [2014] 10 S.C.R. 1004
- Case number
- CIVIL APPEAL No. 9699/2014
- Decided
- 14 October 2014
- Bench
- DIPAK MISRA, V. GOPALA GOWDA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 115; Constitution Article 227
Headnote
Constitution of India, 1950: c Art. 227 - Scope of - Order of executing court holding the application under 0.21, rr.97, 99 and 101 as not maintainable on the ground that the said court had become functus officio - The said order cannot earn the status of a decree as there has been no adjudication exercises its jurisdiction not vested in it by law or fails to exercise the jurisdiction so vested, such an order is revisable u/s 115 CPC and after amendment w.e.f 1. 7.2002, the said power is exercised under Art. 227 - Appellants had rightly invoked the jurisdiction of High Court under Art. 227
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)