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march 2006

Supreme Court of India · 2006-03-29

S.RAJESWARI vs S.N. KULASEKARAN .

Citation / case number
SC 2000/14077
Court
Supreme Court of India
Petitioner
S.RAJESWARI
Respondent
S.N. KULASEKARAN .
Author
B.P. Singh
Bench
B.P. SINGH & ALTAMAS KABIR

Judgment text excerpt

The Supreme Court addressed the maintainability of an application under Section 151 of the Code of Civil Procedure (CPC) in the context of an obstruction to the execution of a decree. The Court held that the executing court's rejection of the application was erroneous, emphasizing that Section 151 CPC allows for inherent powers to ensure justice and prevent abuse of the process. The Court overturned the High Court's decision, allowing the application for removal of the obstruction and facilitating the execution of the decree in favor of the respondent.

S.RAJESWARI vs S.N. KULASEKARAN . · Niyam