Supreme Court of India · 2009-03-20
M/S. CENTURY TEXTILES INDUSTRIES LTD. vs DEEPAK JAIN
- Citation / case number
- SC 2005/3637
- Court
- Supreme Court of India
- Petitioner
- M/S. CENTURY TEXTILES INDUSTRIES LTD.
- Respondent
- DEEPAK JAIN
- Author
- D.K. JAIN
Judgment text excerpt
The Supreme Court addressed the appeal against the Madhya Pradesh High Court's order under Section 115 CPC, which set aside the executing court's decision regarding the identity of the judgment debtor. The Court held that the identity of the proprietor of M/s Surya Trading Company must be established for execution of the decree, emphasizing the necessity of clear identification in civil proceedings. The appeal was allowed, reinstating the executing court's order, thereby affirming the need for proper identification of parties in execution matters.