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november 2008

Supreme Court of India · 2008-11-28

Ram Ji Dass (D) By Lrs vs Indian Overseas Bank

Court
Supreme Court of India
Petitioner
Ram Ji Dass (D) By Lrs
Respondent
Indian Overseas Bank
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court upheld the decision of the Punjab and Haryana High Court, affirming that the second execution application filed by the respondent was maintainable despite being filed after the limitation period, as it was accompanied by an application to recall the dismissal of the first execution petition. The Court clarified that the revival of the first execution application allowed the proceedings to continue, thus enabling recovery of the amount due. The appeal was dismissed, reinforcing the principle that procedural lapses can be rectified in the interest of justice under Section 47 of the Code of Civil Procedure.

Ram Ji Dass (D) By Lrs vs Indian Overseas Bank · Niyam