RAGHO PRASAD GUPTA versus SRIKRISHNA PODDAR

RAGHO PRASAD GUPTA versus SRIKRISHNA PODDAR

The appellant is bound by the decree passed against the benamidar as all contentions that could be advanced by him were pressed by the benamidar and his heirs, who sufficiently represented the appellant; the decree is executable against him under Order 21 Rule 35, CPC and he must vacate the property.

Parties
Appellant: Ragho Prasad Gupta; Respondent: Srikrishna Poddar
Jurisdiction
India
Judgment Date
23 August 1968
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order of Patna High Court in Civil Revision No. 287 of 1963
Outcome
appeal dismissed
Legal Topics
Benami Transactions, Arbitration Award Enforcement, Res Judicata, Execution Proceedings
Civil Procedure Property Law Arbitration Law Benami Transactions Arbitration Award Enforcement Res Judicata Execution Proceedings

Case Brief

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Parties

Ragho Prasad Gupta

Appellant

Srikrishna Poddar

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order of Patna High Court in Civil Revision No. 287 of 1963

Legal Issues

  1. 1 Whether the appellant (real owner) is bound by the decree passed against his benamidar in proceedings under Section 14, Indian Arbitration Act, 1940.
  2. 2 Whether the decree passed in favor of the respondent can be executed against the appellant under Order 21 Rule 35, CPC.

Ratio Decidendi

The appellant is bound by the decree passed against the benamidar as all contentions that could be advanced by him were pressed by the benamidar and his heirs, who sufficiently represented the appellant; the decree is executable against him under Order 21 Rule 35, CPC and he must vacate the property.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.