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april 2001

Supreme Court of India · 2001-04-25

M/S. International Woolen Mills vs M/S. Standard Wool (U.K.) Limited

Citation / case number
AIR 2001 SUPREME COURT 2134
Court
Supreme Court of India
Petitioner
M/S. International Woolen Mills
Respondent
M/S. Standard Wool (U.K.) Limited
Author
S. N. Variava
Bench
V.N. Khare, S.N. Variava

Judgment text excerpt

The Supreme Court addressed the issue of constructive res-judicata in the context of execution proceedings under Section 44-A of the Code of Civil Procedure. The Court held that the High Court's dismissal of the Appellant's revision application was incorrect as it failed to consider the merits of the decree, which was not on merits. The Court clarified that the principles of constructive res-judicata should not apply in this case, allowing the Appellant to challenge the execution of the decree further.

M/S. International Woolen Mills vs M/S. Standard Wool (U.K.) Limited · Niyam