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.