
Case Law Analysis
|Gauhati High Court
Section 47 CPC | Executing Court Must Identify Decretal Property Despite Plaint Schedule Defects : Gauhati HC
Gauhati High Court reinforces that executing courts cannot reject decree enforcement merely due to technical defects in the plaint schedule, such as outdated boundaries, if the property's identity was admitted during trial. The ruling ensures substantive justice prevails over procedural formalities, protecting decree holders from evasion of valid decrees.