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    <title>2009 (3) TMI 1110 - Supreme Court</title>
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    <description>In execution, a dispute over whether the person proceeded against is the same judgment debtor described in the decree falls within Section 47 of the Code of Civil Procedure, 1908, because it concerns execution, discharge or satisfaction of the decree. The Executing Court was therefore bound to determine that identity question and could not refuse to examine it by treating the matter as outside its jurisdiction. Section 152 was inapplicable because it is confined to clerical, arithmetical, and accidental slips or omissions and cannot be used to re-open the merits or substitute one person for another in execution. The issue was answered in favour of the appellant.</description>
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    <pubDate>Fri, 20 Mar 2009 00:00:00 +0530</pubDate>
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      <title>2009 (3) TMI 1110 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=460924</link>
      <description>In execution, a dispute over whether the person proceeded against is the same judgment debtor described in the decree falls within Section 47 of the Code of Civil Procedure, 1908, because it concerns execution, discharge or satisfaction of the decree. The Executing Court was therefore bound to determine that identity question and could not refuse to examine it by treating the matter as outside its jurisdiction. Section 152 was inapplicable because it is confined to clerical, arithmetical, and accidental slips or omissions and cannot be used to re-open the merits or substitute one person for another in execution. The issue was answered in favour of the appellant.</description>
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      <pubDate>Fri, 20 Mar 2009 00:00:00 +0530</pubDate>
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