Supreme Court of India · 2014-03-25
JACINTA DE SILVA vs ROSARINHO COSTA .
- Citation / case number
- SC 2010/5609
- Court
- Supreme Court of India
- Petitioner
- JACINTA DE SILVA
- Respondent
- ROSARINHO COSTA .
- Author
- Pinaki Chandra Ghose
- Bench
- PINAKI CHANDRA GHOSE GYAN SUDHA MISRA
Judgment text excerpt
The Supreme Court ruled that the High Court erred in setting aside the Executing Court's order, which declared the decree from the Civil Court as a nullity due to lack of jurisdiction. The Court emphasized that the jurisdiction of the Mamlatdar was correctly challenged, and the subsequent Civil Suit filed by the respondents was valid. The Court upheld the Executing Court's decision, reinforcing the principle that a decree without jurisdiction is void and unenforceable under the law.