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february 1996

Supreme Court of India · 1996-02-02

SABITRI DEI vs SARAT CHANDRA ROUT .

Citation / case number
SC 1993/89247
Court
Supreme Court of India
Petitioner
SABITRI DEI
Respondent
SARAT CHANDRA ROUT .
Author
G.B. PATTANAIK
Bench
G.B. PATTANAIK

Judgment text excerpt

The Supreme Court upheld the Orissa High Court's ruling that the decree for recovery of possession, despite the vesting of the property under Section 3(1) of the Orissa Estate Abolition Act, remains executable. The Court clarified that the principle of constructive res judicata applies, preventing the judgment debtor from contesting the decree's validity in execution proceedings. The Court held that the Civil Court had jurisdiction to issue the decree, and thus the execution should proceed as ordered by the High Court.

SABITRI DEI vs SARAT CHANDRA ROUT . · Niyam