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Supreme Court of India 2017-03-21 allowed

Brakewel Automotive Components (India) Pvt. Ltd vs P.R. Selvam Alagappan

Bench: 2 — Amitava Roy

In Brief

In this case, the Supreme Court reviewed the High Court's decision allowing a judgment-debtor to lead evidence and raise objections under Section 47 CPC during execution proceedings. The judgment-debtor had challenged a decree for recovery of dues on grounds of alleged non-joinder of parties, incorrect firm names, and fraud. The Court held that an executing court's jurisdiction under Section 47 is limited to questions directly concerning execution and cannot entertain objections based on errors of fact or law. Only decrees void ab initio or passed without jurisdiction may be impugned. The Court found no jurisdictional defect and dismissed the objections as frivolous, allowing execution to proceed.

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Civil Procedure Execution of Decrees Jurisdiction Decree—Validity and Executability

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