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

january 1996

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.

BANK OF BARODA vs R.M. PATWA · Niyam