Supreme Court of India · 1952-12-09
MOHANLAL GOENKA vs BENOY KRISHNA MUKHERJEEAND OTHERS.
- Citation / case number
- SC 1951/32
- Court
- Supreme Court of India
- Petitioner
- MOHANLAL GOENKA
- Respondent
- BENOY KRISHNA MUKHERJEEAND OTHERS.
- Bench
- DAS, SUDHI RANJAN
Judgment text excerpt
The Supreme Court held that the Asansol Court had jurisdiction to execute the decree after the High Court's order on March 27, 1933, which effectively transmitted the decree for execution under Section 39 of the Civil Procedure Code, 1908. The omission to send a fresh certificate of non-satisfaction was deemed a mere irregularity that did not affect jurisdiction. The judgment debtor was precluded from raising the jurisdictional objection later due to the principle of constructive res judicata, as he failed to object during earlier proceedings despite having the opportunity to do so.