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.