Supreme Court · 1969 INSC 65 · Decided 7 March 1969
Shivashankar Prasad Shah & ORS. v. Baikunth Nath Singh & ORS.
- Court
- Supreme Court of India
- Citation
- 1969 INSC 65 · [1969] 3 S.C.R. 908
- Case number
- CIVIL APPEAL No. 368/1966
- Decided
- 7 March 1969
- Bench
- S.M. SIKRI, R.S. BACHAWAT, K.S. HEGDE (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 11, 47
Headnote
B Code of Civil Procedure-Re.s·Judicata--Objection against execution proceeding, when barred. Bihar Land Reforms Act, ss. 3, 4 & 6-Mortgaged Estate-Final Decree obtained-Effect of. After a preliminary decree was obtained by the appellants (mortgagees of an Estate including both Bakasht The appellant filed petition for passing final decree. The Estate mortgaged vested in the State as a result of a notification issued under s. 3(1) of the Act, and later a final decree was passed in the mortgage suit. Thereafter the appellants applied under s. 14 of the Act and got determined the
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