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  RD-AH 12484 (20 July 2007)
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.
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