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Shantilal Kothari vs Sathrasala Venkatram (Since Deceased) on 17 July, 2018 cites

Dhurandhar Prasad Singh vs Jai Prakash University And Ors on 24 July, 2001

23. Though this view has echoed time out of number in similar pronouncements of this Court, in Dhurandhar Prasad Singh Vs. Jai Prakash University, [(2001) 6 SCC 534 : AIR 2001 SC 2552], while dwelling on the scope of Section 47 of the Code, it was ruled that the powers of the court thereunder are quite different and much narrower than those in appeal/revision or Page No.24/28 http://www.judis.nic.in O.S.A.Nos.430 and 433 of 2018 review. It was reiterated that the exercise of power under Section 47 of the Code is microscopic and lies in a very narrow inspection hole and an executing court can allow objection to the executability of the decree if it is found that the same is void ab initio and is a nullity, apart from the ground that it is not capable of execution under the law, either because the same was passed in ignorance of such provision of law or the law was promulgated making a decree unexecutable after its passing. None of the above eventualities as recognised in law for rendering a decree unexecutable, exists in the case in hand. For obvious reasons, we do not wish to burden this adjudication by multiplying the decisions favouring the same view."
Supreme Court of India Cites 14 - Cited by 319 - B N Agrawal - Full Document
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