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1 - 10 of 18 (0.25 seconds)Section 47 in The Code of Civil Procedure, 1908 [Entire Act]
Section 11 in Chota Nagpur Encumbered Estates Act, 1876 [Entire Act]
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Section 39 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Annada Kumar Roy And Anr. vs Sheikh Madan And Ors. on 1 August, 1933
The judgmentdebtor
admitted that the two applications (Exhibits E and E. 4)
were prepared according to his instructions. It is not
possible therefore for the judgmentdebtor to escape the
effect of the above orders which became binding upon him.
That the principle of constructive res judicata is
applicable to execution proceedings is no longer open to
doubt. See Annada Kumar Boy and Another v. Sheik Madan and
Others (1), and Mahadeo Prasad Bhagat v. Bhagwat Narain
Singh(2). In the first case an application was made by a
certain person for execution of a decree and no objection
was raised that the decree was not maintainable at the
instance of the applicant and the application was held to be
maintainable. It was held that no further objection on the
score, of the maintainability of a fresh application for
execution on the part of the same applicant could be raised.
In the second case a money decree had been obtained on the
foot of a loan which was the subject-matter of -a mortgage
and the property was sold in execution. The judgment-debtor
raised the question of the validity of the execution
proceedings and objected that the execution court had no
jurisdiction to sell the property in execution of a money
decree as no sanction of the Commissioner had been obtained
under section 12-A,Chota Nagpur Encumbered Estates Act. The
objection was not decided but the objection petition was-
dismissed with the result that the property came into the
possession of the auction-purchaser. In an action for a
declaration that the sale to the purchaser was void for want
of sanction of the Commissioner it was held that as the
point was raised although not decided in the objection
petition under section 47, it was res judicata by reason of
Explanation IV to section 11.