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

1979 Supreme(Ori) 13

R.N.MISRA
SUDHAMANI DEI – Appellant
Versus
SADANANDA MOHANTY – Respondent


Advocates Appeared:
S.Kr.Mohanty, S.S.DAS

R. N. MISRA, J.

( 1 ) THIS is an application by the widow of one of the judgment-debtors whose objection under Section 47 of the Code of Civil Procedure (hereinafter referred to as the 'code') to the execution of the decree has been rejected. She has claimed that the property in her hands was not liable for execution and, therefore, should be exempted.

( 2 ) OPPOSITE party No. 1 obtained a decree in Money Suit No. 4 of 1967 on 2312-1968, against one Narayan Mohanty and his son Chandrakanta. The decree was put into execution in Execution Case No. 43 of 1975. In view of the death of Narayan his widow and daughter were brought on the record as legal representatives. An objection was filed in the executing court by the widow and her daughter contending that they were not liable for the decretal dues and as such should be expunged from the execution case. The executing court rejected the objection. The widow has carried this revision challenging the order of rejection of her objection. So far as the daughter is concerned, the order has become final against her in the absence of any challenge.

( 3 ) THERE is no dispute that the widow and the daughter are sought to be proceeded against








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