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april 2008

Supreme Court of India · 2008-04-02

M/S. MAHAKAL AUTOMOBILES vs KISHAN SWAROOP SHARMA

Citation / case number
SC 2004/15252
Court
Supreme Court of India
Petitioner
M/S. MAHAKAL AUTOMOBILES
Respondent
KISHAN SWAROOP SHARMA
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court addressed the execution of a preliminary decree under the Code of Civil Procedure, 1908, specifically referencing Order XII Rule 6 and Order XXI. The Court held that a preliminary decree can be executed if it clearly specifies the amount payable, and the absence of a final decree does not render the execution proceedings non-executable. The High Court's decision to set aside the trial court's order was upheld, emphasizing the importance of clarity in decrees for effective execution.

M/S. MAHAKAL AUTOMOBILES vs KISHAN SWAROOP SHARMA · Niyam