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.