STATE OF KERALA Vs. SANKARAN NAIR
LAWS(KER)-1968-2-15
HIGH COURT OF KERALA
Decided on February 23,1968

STATE OF KERALA Appellant
VERSUS
SANKARAN NAIR Respondents

JUDGEMENT

- (1.) I doubt whether in the face of Order XLVII R. 7 an appeal lies from a refusal to review an order made in execution and whether such refusal can be regarded as a determination of a question within S. 47 so as to attract the definition of, "decree" in S. 2 (2) of the Code. That apart, the order originally passed by the executing court was quite in accord with the decree made by this court in A. S. No. 459 of 1960 so that there was no ground for a review. And if, as is submitted, there was an error in the decree in A. S. No. 459 of 1960, the appellant must get that error rectified. He cannot ask the executing court to proceed otherwise than in accordance with the decree. 2, I dismiss the appeal with costs. Dismissed.;


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