Supreme Court of India

Shri V.J. Thomas v. Shri Pathrose Abraham & Ors.

Neutral citation
Reported as [2008] 2 S.C.R. 378
Bench S.B. Sinha J.
Decided 5 February 2008

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.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that a decree H x r 384 SUPREME COURT REPORTS [2008] 2 S.C.R. A which has been obtained by suppression of fact or collusively -f· would not be executable against those who were not parties to ; the suit.

Judgment, page 6

From the headnote

Code of Civil Procedure, 1908: Order 1 rr 8 & 10: Execution of decree - lmpleadment of defendants/ c respondent nos. 1 and 2 - Allowed by Executing. Court ""."'" Correctness of - Held:. decree obtained by suppression of fact or collusively would not be executable against those who were not parties to the Suit - Executing Court allowed the application for impleadment of respondent Nos. 1 & 3 to enable them to press their application for setting aside ex-parte decree upon condonation of delay - Under the circumstances, Supreme Court in exercise of discretionary jurisdiction under ~ ...

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