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february 2008

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.

BARKAT ALI vs BADRI NARAIN (D) BY LRS. · Niyam