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.