SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2020 Supreme(J&K) 696

TASHI RABSTAN
Tariq Ahmad Rather – Appellant
Versus
Gopi Chand Prem Kumar – Respondent


Advocates Appeared:
For the Petitioner: Altaf Haqani; Shakir Haqani.
For the Respondent: N.H. Shah.

JUDGMENT :

1. Setting-aside of Order dated 20th February 2020, passed by the court of Sub-Judge (CJM) Sopore (for brevity "Trial Court”) in an Execution Petition titled Firm Gopi Chand, Prem Kumar v. Tariq Ahmad Rather, directing detaining of petitioner in civil prison for a period of one month in execution of the decree, is implored for on the grounds mentioned in Revision Petition on hand.

    1.1. It is averred in the Revision Petition on hand that in a Suit for Rendition of Accounts, a decree for payment of Rs. 1,55,84,233.30 was passed on 17th July 2019 by Trial Court in favour defendant - respondent herein

1.2. It is maintained that application for execution of decree having been filed by respondent before Trial Court did not satisfy requirements of Section 51 of the Code of Civil Procedure (CP).

1.3. Learned Trial Court is stated to have not appreciated any satisfaction that application for execution was incompetent and that no inquiry as required under Rule 40 of Order 21 CPC was held by Trial Court.

1.4. It is asserted that Trial Court did not issue any show cause notice to petitioner enabling him to explicate as to why he should not be committed to civil prison. Petitioner was got

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top