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february 2008

Supreme Court of India · 2008-02-06

Barkat Ali & Anr vs Badri Narain (D) By Lrs

Citation / case number
AIR 2008 SUPREME COURT 1272
Court
Supreme Court of India
Petitioner
Barkat Ali & Anr
Respondent
Badri Narain (D) By Lrs
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court upheld the dismissal of the special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949, affirming the High Court's ruling that objections raised by the judgment-debtors after the issuance of the warrant of attachment were barred by the principles of constructive res judicata. The Court clarified that once the executing Court proceeded with the execution after proper notice under Order XXI Rule 22 of the CPC, subsequent objections could not be entertained. The appeal was dismissed, confirming the lower court's findings on the execution proceedings.

Barkat Ali & Anr vs Badri Narain (D) By Lrs · Niyam