Niyam v2 is live — start for just ₹100 — 200 credits to try

august 1971

Supreme Court of India · 1971-08-24

ASNEW DRUMS PRIVATE LTD. & ORS. vs MAHARASHTRA STATE FINANCE CORPORATION & ORS.

Citation / case number
SC 1971/60291
Court
Supreme Court of India
Petitioner
ASNEW DRUMS PRIVATE LTD. & ORS.
Respondent
MAHARASHTRA STATE FINANCE CORPORATION & ORS.
Bench
SIKRI, S.M. (CJ)

Judgment text excerpt

The Supreme Court held that an appeal against an order of sale in execution of a decree is maintainable under Order XLIII Rule 1(j) of the Code of Civil Procedure, contrary to the High Court's dismissal on the grounds that no appeal lay. The Court clarified that the language of the statute does not limit the appeal rights and that the High Court erred in summarily dismissing the appeal. The Court concluded that the High Court was not justified in its dismissal and allowed the appeal, emphasizing the need for proper judicial review under Section 32(8) of the State Financial Corporation Act, 1951.

ASNEW DRUMS PRIVATE LTD. & ORS. vs MAHARASHTRA STATE FINANCE CORPORATION & ORS. · Niyam