Supreme Court of India · 1996-01-12
BANK OF BARODA vs R.M. PATWA
- Citation / case number
- SC 1995/10269
- Court
- Supreme Court of India
- Petitioner
- BANK OF BARODA
- Respondent
- R.M. PATWA
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the High Court exceeded its revisional jurisdiction under Section 115 CPC by converting execution proceedings into a decree in favor of a third party, which is impermissible. The Court emphasized that the execution of a money decree against the judgment debtor cannot be altered to benefit a stranger to the proceedings. The appeal was allowed, and the High Court's order was set aside, reaffirming the limits of revisional powers under the CPC.