Supreme Court of India
Gangabai Gopaldas Mohata v. Fulchand and Others
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In the result, we allow this appeal and set aside the impugned order of the learned Single Judge of the High Court of Bombay (Nagpur Bench) C and also dismiss the· application filed by the first respondent for substitu tion under Order 21 Rule 16. of the Code. - H.K. Appeal allowed.
Judgment, page 10
From the headnote
Civil Procedure Code, 190&-Sections 47(3) and 50, order 21, Rules 16, 84 and 85-Person approaching the executing Court claiming to be the repre sentative of the decree-holder's interest in the decree, decree-holder disputes it-The executing Court has to resolve the dispute for proceeding with the execution of the decre-Traneferee pendentelite is representative of his trans feror within the meaning of sub-section (3) of Section 47-'Representative' under Section 47has wider meaning than 'legal Representative' used in Section 50. Maharashtra Munidpalities (Sale of Distrained or Attached
Where later benches applied it
Of those, 1 relied on
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