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PUNJAB NATIONAL BANK, SURYA NAGAR BRANCH versus SMT. INDIRA TEWARI & OTHERS

High Court of Judicature at Allahabad

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Punjab National Bank, Surya Nagar Branch v. Smt. Indira Tewari & Others - WRIT - C No. 32106 of 2007 [2007] RD-AH 12484 (20 July 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Janardan Sahai, J

A Counter claim filed by respondent no.1 for payment of amount in  FDR was decreed. Against the decree a First Appeal was preferred by the bank which was dismissed. The decree was put into execution by respondent no.1. An objection under Section 47 CPC was filed by the petitioner which was dismissed. Against that order a revision was filed  which too has been dismissed. Both these orders have been challenged in this petition.

Heard Sri Tarun Varma counsel for the petitioner and Sri Sanstosh Kumar counsel for respondent no.1.

Counsel for the petitioner submitted that the trial court's judgment decreeing the counter claim was a nullity as the provisions of Order 15 (1) CPC were wrongly applied.  It is not disputed that this point was raised by the petitioner but was repelled in the appeal agaisnt the decree. The courts below have also taken a view that the decree had become final and it is not open to the executing court  to go behind the decree. The view taken by the courts below does not suffer from any illegality, which may call for interference.

Dismissed.

Dt. 20.7.2007

sn/wp-32106/07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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