Supreme Court of India · 2014-03-25
Jacinta De Silva vs Rosarinho Costa & Ors
- Citation / case number
- AIR 2014 SC (CIV) 1234
- Court
- Supreme Court of India
- Petitioner
- Jacinta De Silva
- Respondent
- Rosarinho Costa & Ors
- Author
- Pinaki Chandra Ghose
- Bench
- Pinaki Chandra Ghose, Gyan Sudha Misra
Judgment text excerpt
The Supreme Court held that the execution of a decree by the Civil Court was invalid as it lacked jurisdiction, rendering the decree a nullity under Section 47 of the Code of Civil Procedure, 1908. The Court emphasized that the jurisdiction of the Mamlatdar was not properly invoked, and the subsequent Civil Suit filed by the respondents was not maintainable. Consequently, the High Court's order setting aside the Executing Court's dismissal was upheld, affirming the Executing Court's decision.