Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2018 (8) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 2123 - SUPREME COURTAppointment of Chartered Accountant - Jurisdiction of a civil revision when Under Section 47 of the Code of Civil Procedure for such appointment - HELD THAT:- The High Court has acted in manifest excess of its jurisdiction while directing the appointment of a Chartered Accountant for the purpose of determining as to whether the decretal debt is to be marked as satisfied. The execution proceeding is pending before the Additional Civil Judge, Dehradun and, as we have noticed, various orders have been passed thereon from time to time. The issue as to whether the decree has been discharged or satisfied has to be determined by the Executing Court Under Section 47 of the Code of Civil Procedure. The Executing Court must execute the decree as it stands without adding anything to it - The High Court has acted in excess of jurisdiction by directing the appointment of a Chartered Accountant, particularly at this stage. The impugned order of the High Court dated 18 September 2017 set aside - appeal allowed.
|