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march 2014

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.

Jacinta De Silva vs Rosarinho Costa & Ors · Niyam