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february 1997

Supreme Court of India · 1997-02-03

R.P.A. VALLIAMMAL vs R. PALANICHAMI NADAR

Citation / case number
SC 1996/21165
Court
Supreme Court of India
Petitioner
R.P.A. VALLIAMMAL
Respondent
R. PALANICHAMI NADAR
Author
G.T. NANAVATI K. RAMASWAMY
Bench
G.T. NANAVATI K. RAMASWAMY

Judgment text excerpt

The Supreme Court dismissed the special leave petition against the Madras High Court's judgment, affirming that under Section 47 of the CPC, objections regarding execution must be raised at the appropriate time, and cannot be repeated. The Court held that the petitioner's mother had previously contested the title to the property, which had been resolved, thus barring the petitioner from raising the same objections. The Court found no merit in the petitioner's claims regarding excessive execution under Order 21, Rule 93, CPC, as the objections were not timely raised, leading to the dismissal of the petition.

R.P.A. VALLIAMMAL vs R. PALANICHAMI NADAR · Niyam