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    <title>2023 (10) TMI 1529 - Supreme Court</title>
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    <description>Section 47 CPC confines the executing court to questions of execution, discharge, or satisfaction of the decree, and it cannot reopen a final order on executability unless a jurisdictional defect is shown. A belated objection raised nearly four years after the execution order was treated as an impermissible attempt to re-agitate a matter that had already attained finality. Res judicata and constructive res judicata barred the same issue from being reopened at a later stage of the execution proceedings. The executing court&#039;s refusal to reopen the earlier order was upheld, while the revisional court and High Court orders interfering with that view were held unsustainable.</description>
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    <pubDate>Mon, 30 Oct 2023 00:00:00 +0530</pubDate>
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      <title>2023 (10) TMI 1529 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=462443</link>
      <description>Section 47 CPC confines the executing court to questions of execution, discharge, or satisfaction of the decree, and it cannot reopen a final order on executability unless a jurisdictional defect is shown. A belated objection raised nearly four years after the execution order was treated as an impermissible attempt to re-agitate a matter that had already attained finality. Res judicata and constructive res judicata barred the same issue from being reopened at a later stage of the execution proceedings. The executing court&#039;s refusal to reopen the earlier order was upheld, while the revisional court and High Court orders interfering with that view were held unsustainable.</description>
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      <pubDate>Mon, 30 Oct 2023 00:00:00 +0530</pubDate>
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