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

1963 Supreme(Ori) 83

G.K.MISRA
GHANASHYAMDAS KEJRIWAL – Appellant
Versus
DURGA DEVI – Respondent


Advocates Appeared:
B.K.BEHAR, G.R.RAO, K.S.R.MURTHY, P.K.DHAL, S.C.Jena

G. K. MISRA, J.

( 1 ) THE judgment-debtor is the appellant. A decree was passed on 4-12-1952 by the Subordinate Judge, Raipur, in the State of Madhya Pradesh. After certain executions had. been levied, the Subordinate Judge, Raipur, sent the decree directly to the Munsif, Titiligarh in the district of Bolangir in the State of Orissa, on 8-8-1955. After transfer of the decree, the decree-holders did not file any execution case before the Munsif of Titalagarh, who sent a certificate on 17-81958 to the Subordinate Judge, Raipur, under Section 41, Civil Procedure Code stating that the execution case was barred by time. Meanwhile, on 2-8-1958 another application had been filed by the decree-holders before the Subordinate Judge, Raipur, for transfer of the decree to the District judge, Bolangir, which was despatched on 11-8-1958 to the District Judge, who received and transferred it to the Munsif, Titila-garh on 25-8-1958. The present execution case was filed before the Munsif, Titilagarh on 14-2-1959. Various objections were raised under Section 47 Civil Procedure Code. The Courts below have overruled these objections. This miscellaneous appeal has been filed against the order of the l















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