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Supreme Court of India 2020-03-17 allowed

Aarifaben Yunusbhai Patel & Ors vs Mukul Thakorebhai Amin & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Aarifaben Yunusbhai Patel and others appealed against a High Court order in an execution matter. The Supreme Court held that when objections to execution of a decree are filed, the executing court must first decide whether they were filed within the limitation period under Article 127 of the Limitation Act, 1963 before examining substantive issues. The respondents' objections were filed beyond the limitation period, and their lack of immediate action after making a promise to the Supreme Court demonstrated insufficient good faith and diligence. The appeal was allowed, emphasizing that courts cannot overlook mandatory limitation periods.

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Execution of Decree Limitation Procedure Code Civil Procedure Attachment of Property

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