Supreme Court of India · 2019-01-07
Sneh Lata Goel vs Pushplata
- Citation / case number
- AIR 2019 SUPREME COURT 824
- Court
- Supreme Court of India
- Petitioner
- Sneh Lata Goel
- Respondent
- Pushplata
- Author
- D.Y. Chandrachud
- Bench
- Hemant Gupta, Dhananjaya Y Chandrachud
Judgment text excerpt
The Supreme Court held that the executing court cannot entertain objections regarding the validity of a decree based on jurisdiction unless such objections are apparent on the face of the record. The Court emphasized that the executing court's role is limited to enforcing the decree, and any jurisdictional challenges must be raised at the trial stage. The High Court's conclusion that the executing court erred in dismissing the objections was overturned, reaffirming the principle that jurisdictional issues not evident in the record cannot be revisited in execution proceedings under Article 227 of the Constitution of India.