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Supreme Court of India

Balvant N. Viswamitra and Ors. v. Yadav Sadashiv Mule (d) through Lrs. and Ors.

Neutral citation
Reported as [2004] SUPP. 3 S.C.R. 519
Bench R.C. Lahoti, G.P. Mathur and C.K. Thakker JJ.
Decided 13 August 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

What the Court ordered

For the reasons aforesaid, the appeal deserves to be allowed and is accordingly allowed.

Judgment, page 16

From the headnote

Code of Civil Procedure, 1908 : Sections 2(2), 33 and 47-Decree-Null and voidll"egular or wrong­ Distinction between-Held : Decree or order passed by a court having no jurisdiction is nullity and can be challenged at any stage, even in execution or collateral proceedings-All irregular or wrong decree or orders are not necessarily null and void-An erroneous decrees which is not void cannot be challenged in execution or collateral proceedings. Order 1, Rule 9 and sections 2(2) and 33-Suit for possession by landlord against heirs and legal representatives of tenant-Suit decreed in favour of

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 2 referred to · 4 mentioned

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