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august 2001

Supreme Court of India · 2001-08-06

Barnes Investments Ltd. & Ors vs Raj K. Gupta & Ors

Citation / case number
AIR 2001 SUPREME COURT 2818
Court
Supreme Court of India
Petitioner
Barnes Investments Ltd. & Ors
Respondent
Raj K. Gupta & Ors
Author
Ruma Pal
Bench
V.N. Khare, Ruma Pal

Judgment text excerpt

The Supreme Court interpreted Order 21 Rules 54, 55, and 58 of the Code of Civil Procedure, emphasizing the procedural requirements for the attachment of immovable property in execution of a decree. The Court held that the execution of a foreign decree must comply with Indian procedural law, and the attachment of property can be contested under Rule 58. The Court ruled that the interim order staying execution remains operative pending the resolution of the suit filed by the respondent, thereby upholding the respondent's objections to the attachment.

Barnes Investments Ltd. & Ors vs Raj K. Gupta & Ors · Niyam