Supreme Court · 2019 INSC 22 · Decided 7 January 2019

Sneh Lata Goel v. Pushplata & ORS.

Court
Supreme Court of India
Citation
2019 INSC 22 · [2019] 1 S.C.R. 463
Case number
CIVIL APPEAL No. 116/2019
Decided
7 January 2019
Bench
D.Y. CHANDRACHUD, HEMANT GUPTA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 21, 47; Constitution Article 227

Headnote

Code of Civil Procedure, 1908 - ss.21 and 47 - Partition suit was instituted - Final decree was passed confirming the preliminary decree - Further, supplementary final decree was also passed - Appellant filed proceedings for execution of the final decree - First passed were without jurisdiction and therefore, a nullity - Dismissed by Executing Court - Challenged by first respondent u/Art. 227 of the Constitution - High Court held that the Executing Court was in error in holding that it lacked jurisdiction to entertain the objection as

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