Supreme Court of India · 1955-11-04
MERLA RAMANNA vs NALLAPARAJU AND OTHERS.
- Citation / case number
- SC 1952/3
- Court
- Supreme Court of India
- Petitioner
- MERLA RAMANNA
- Respondent
- NALLAPARAJU AND OTHERS.
- Bench
- AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that the question of excessive execution of a decree must be raised through an application under Section 47 of the Code of Civil Procedure (Act V of 1908) and cannot be pursued through a separate suit. The Court found that the High Court erred in entertaining the respondents' suit, which was barred under Section 47 due to the failure to raise the objection at the earliest stage. The Court emphasized that the issue was a pure question of law and permitted the appellant to raise the contention regarding excessive execution.