Supreme Court · 1972 INSC 191 · Decided 25 August 1972
Shaukat Hussain Alias Ali Akram & ORS. v. SMT. Bhuneshwari Devi (Dead)) BY L. RS. & ORS.
- Court
- Supreme Court of India
- Citation
- 1972 INSC 191 · [1973] 1 S.C.R. 1022
- Case number
- CIVIL APPEAL No. 771/1967
- Decided
- 25 August 1972
- Bench
- K.S. HEGDE, A.N. GROVER, D.G. PALEKAR (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 47, 37
Headnote
B Code of Civil Procedure and Order XX/ rule 29--'Constructi7'n of­ Execution Court's jurisdiction to grant stay of 11roceedings where decru mu been granted by another court-Conditions for exercis. of powu .untl~r· rule. The respondent obtained a money decree against the appellants fram Small Cause Court jurisdiction. The decree was transferred for execution to the Court of Munsif !st at Gaya. The judgment-debtors filed a Title Suit in the court of Munsif !st for setting aside the decree passed by the Small Cause Court on the ground that it was fraudulent, illegal and
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