If a point, which ought to have been raised, is not raised at the appropriate stage then it would be deemed to have been decided against the person

Citation

AIR 1953 PATNA 242

PATNA HIGH COURT

RAMASWAMI , J. and SARJOO PROSAD , J.

A.F.O.O. No.342 of 1948, D/- 27 - 1 - 1953

Harnath Rai Brijraj and another Appellants v. Hirdai Narain Kumar and other Respondents

(A)Civil P.C. (5 of 1908), S.11 - Execution proceedings.

The rule of 'res judicata' applies to execution proceedings and if a point, which ought to have been

raised, is not raised at the appropriate stage then it would be deemed to have been decided against the

person who was entitled to raise it in the course of the execution proceedings.

 (Para 6) 

Anno : C.P.C., S.11 N.23.

(B)Civil P.C. (5 of 1908), S.38, S.41 - Decree holder's right to execute decree.

The question whether the decree holders were entitled to execute the whole decree or any part thereof

is a matter which related to the execution, discharge and satisfaction of the decree. Held that

it was within the competence of the executing Court to decide the question of default specially when

the execution case was sought to be supported on the ground of alleged fresh defaults during the

pendency of the execution case.

 (Para 6)