The High Court held that once a decree has been executed, a subsequent chamber summons filed by the judgment debtor to set aside the execution cannot proceed. The court dismissed the chamber summons application on this ground.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 692 OF 2007
IN
EXECUTION APPLICATION NO. 516 OF 2006
IN
SUIT NO. 1925 OF 2004
Abbas Samsuddin Fatehi.
... Plaintiff.
V/s.
Mohammedi Abdul Hasan Fatehi.
... Defendant.
Ms. Z. Piswai i/b. Mehta & Mehta & Co. for the Plaintiff. None for the Defendant.
CORAM : S.C. DHARMADHIKARI,J.
02ND FEBRUARY 2009.
P.C. :
| . | It is stated that the decree which | is subje | ct | ||||
|---|---|---|---|---|---|---|---|
| matter | of | Execution Application N |
o.516 | of | 2006 | has | already |
| been | executed | . The Chamber |
Summ | ons is |
moved | by |
the |
| Judgment | Debtor/Defendant. None |
is | present | on | behalf | of | |
| the | Judgment | Debtor/Defendant. | Once | the | decree | is | already |
executed, the Chamber Summons to set aside the same cannot
proceed. The Chamber Summons is, therefore, dismissed.
1 issue framed by the court
Whether a chamber summons to set aside an executed decree can proceed.
Abbas Samsuddin Fatehi
Mohammedi Abdul Hasan Fatehi
S.C. Dharmadhikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
