Supreme Court of India · 2008-02-06
BARKAT ALI vs BADRI NARAIN (D) BY LRS.
- Citation / case number
- SC 2000/20702
- Court
- Supreme Court of India
- Petitioner
- BARKAT ALI
- Respondent
- BADRI NARAIN (D) BY LRS.
- Author
- ARIJIT PASAYAT
- Bench
- P. SATHASIVAM DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the dismissal of a special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949, affirming the High Court's decision that objections raised by the judgment-debtors after the issuance of a warrant of attachment were barred by the principles of constructive res judicata. The Court clarified that once the executing Court had 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, reinforcing the finality of execution proceedings once initiated.