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march 1970

Supreme Court of India · 1970-03-18

VASUDEV DHANJIBHAI MODI vs RAJABHAI ABDUL REHMAN & ORS.

Citation / case number
SC 1967/227
Court
Supreme Court of India
Petitioner
VASUDEV DHANJIBHAI MODI
Respondent
RAJABHAI ABDUL REHMAN & ORS.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that objections regarding the jurisdiction of the court that passed a decree can only be raised in execution proceedings if such objections are apparent on the face of the record. The Court clarified that if the jurisdictional issue requires examination of facts or questions decided at trial, it cannot be entertained in execution. The appeal was allowed, restoring the order of the Court of Small Causes, as the jurisdictional question regarding the lease agreement could not be raised in execution proceedings.

VASUDEV DHANJIBHAI MODI vs RAJABHAI ABDUL REHMAN & ORS. · Niyam