Supreme Court of India · 2001-07-24
DHURANDHAR PRASAD SINGH vs JAI PRAKASH UNIVERSITY .
- Citation / case number
- SC 1999/18421
- Court
- Supreme Court of India
- Petitioner
- DHURANDHAR PRASAD SINGH
- Respondent
- JAI PRAKASH UNIVERSITY .
- Author
- B.N. AGRAWAL G.B. PATTANAIK
- Bench
- B.N. AGRAWAL G.B. PATTANAIK
Judgment text excerpt
The Supreme Court addressed the executability of a decree under Section 47 of the Code of Civil Procedure, emphasizing that the decree obtained against the erstwhile management of a college was valid despite the college becoming a constituent unit of Bihar University during the pendency of the suit. The Court held that the High Court erred in allowing the objection to the decree's executability on the grounds of non-impleadment of the University, affirming that the decree could be executed against the University as it inherited the liabilities of the college. The appeal was allowed, reinstating the executing court's order rejecting the objection.