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    <title>1876 (11) TMI 1 - PRIVY COUNCIL</title>
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    <description>Questions of legitimacy and heirship were held not to be competent for determination in execution proceedings because the statutory execution provisions did not extend to deciding such a serious controversy, and the admission of a legal representative applied only at earlier stages of the suit. The person seeking execution did not become a party to the suit merely by applying for execution. The earlier finding on legitimacy therefore lacked jurisdictional foundation and could not operate as res judicata, since a binding bar requires a decision by a court acting within competent jurisdiction. The appellate challenge failed, and the decree remained executable with costs.</description>
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    <pubDate>Tue, 28 Nov 1876 00:00:00 +0521</pubDate>
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      <title>1876 (11) TMI 1 - PRIVY COUNCIL</title>
      <link>https://www.taxtmi.com/caselaws?id=291491</link>
      <description>Questions of legitimacy and heirship were held not to be competent for determination in execution proceedings because the statutory execution provisions did not extend to deciding such a serious controversy, and the admission of a legal representative applied only at earlier stages of the suit. The person seeking execution did not become a party to the suit merely by applying for execution. The earlier finding on legitimacy therefore lacked jurisdictional foundation and could not operate as res judicata, since a binding bar requires a decision by a court acting within competent jurisdiction. The appellate challenge failed, and the decree remained executable with costs.</description>
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      <pubDate>Tue, 28 Nov 1876 00:00:00 +0521</pubDate>
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