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.