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july 2001

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.

DHURANDHAR PRASAD SINGH vs JAI PRAKASH UNIVERSITY . · Niyam