(2009) 1 CLR 930 (SC) ::(2009) 108 RevDec 120 ::(2009) 2 WLC(SC)CVL 95 ::2009 BomCRSup 798 ::(2009) 2 CivilCourtC 780 ::(2009) 3 CivLJ 380 ::(2009) 3 All RentCas 141 ::2009 (5) SCC 634 ::(2009) 2 RecCivR 614 ::(2009) 4 Scale 501 ::(2009) 1 AllMR 6 (BOM) ::(2009) 1 Cal LJ 332 ::(2009) 3 All WC 2841 ::(2009) 2 CurCC 11 ::(2009) 108 Cut LT 226 ::(2009) 4 MPLJ 90 ::(2009) 2 Mah LJ 282 ::(2009) 5 Mah LJ 591 ::(2009) 1 Orissa LR 731 ::(2009) 3 UC 2003 ::(2009) 3 AndhLD 43 ::AIR 2009 SC (Supp) 2204

Supreme Court Of India

(From : 2005 (1) MPLJ 464)

Hon'ble Judge(s): D. K. Jain, R. M. Lodha , JJ

(A) Civil P.C. (5 of 1908) , S.47, S.152— Powers of executing Court - Money decree - Execution - Specific issue regarding identity of judgment-debtor was raised before High Court - High Court remitted matter with direction to conduct enquiry - No objection to jurisdiction of Executing Court was raised - Said direction by High Court was keeping in view the provisions of S.47 - Issue of identity could be, therefore, adjudicated by executing Court u/S.47 - It was beyond scope of S.152. 2005 (1) MPLJ 464, Reversed. (Para 14 15 16) (B) Constitution of India , Art.226— Judicial propriety and decorum - Single Judge of High Court hearing matter felt that earlier decision of a single Judge needs re-consideration - Cannot re-examine question himself - He should refer matter to a larger Bench. (Para 17) .....