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.