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december 1952

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.

MOHANLAL GOENKA vs BENOY KRISHNA MUKHERJEEAND OTHERS. · Niyam