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Sep 18, 2010

Keshardeo Chamria Vs Radha Kissen Chamria and Ors, AIR 1953 SC 23

Hon'ble Supreme Court of India observed, “The proceedings that commenced with the decree-holder's application for restoration of the execution and terminated with the order of revival can in no sense be said to relate to the determination of any question concerning the execution, discharge or satisfaction of the decree. Such proceedings are in their nature collateral to the execution and are independent of it…. It was not contended and could not be seriously urged, that an order under section 151 simpliciter is appealable….”

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