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PETITIONER: MOHANLAL GOENKA
Vs.
RESPONDENT: BENOY KRISHNA MUKHERJEEAND OTHERS.
DATE OF JUDGMENT: 09/12/1952
BENCH: DAS, SUDHI RANJAN BENCH: DAS, SUDHI RANJAN MAHAJAN, MEHR CHAND BOSE, VIVIAN HASAN, GHULAM
CITATION: 1953 AIR 65 1953 SCR 377 CITATOR INFO : R 1974 SC 994 (94) RF 1988 SC 375 (28) RF 1991 SC2234 (43)
ACT: Res judicata-Execution proceedings-Omission to raise objec- tion to jurisdiction of executing Court-Constructive res Judicata-Transfer of decree for execution-Execution case dismissed for default -Executing Court sending certificate to Court which passed the decree under s. 41, C.P.C.-Fresh application to executing Court- Maintainability-Jurisdiction--Order of Court which passed the decree giving liberty to proceed with execution-Effect of-Civil Procedure Code, 1908, ss. 11, 39, 41.
HEADNOTE: A decree passed by the Calcutta High Court on its Original Side in 1923, was transferred by that Court for execution to the Court of the Subordinate Judge of Asansol in 1931 with a certified of the decree, copy of, the order of transmission and certificate of partial satisfaction. The decree-holder applied for execution to the Asansol Court but the application was dismissed for default in February,, 1932, and the Asansol Court sent to the Calcutta High Court what purported to be a ce...