first Court held that the execution Court could not go behind the decree as the matter had been decided in the suit itself and that ... altogether immaterial whether the decree ordered sale or whether it was a simple money decree. What the decree-holder was seeking was to sell
execution. After the decree was amended, the building was also included in the decree. After such amendment the decree is being sought to be executed ... executing Court cannot go behind the decree, the Court that passed the decree, can also not go behind the decree, except as provided under Section
validity of the decree :
The principle generally is that the Court executing the decree cannot go behind the decree and question its validity. The section ... pass the decree and had the inherent jurisdiction to entertain and pass the decree.
18. Therefore, the executing Court cannot go behind the decree sought
cannot go behind the decree unless the decree is a nullity. The counsel has conceded this point if the decree has been passed ... first time when the decree was sought to be executed.
6. A Court executing a decree cannot go behind the decree between the parties
preliminary
decree passed in the suit. It was specifically contended by
the appellant in the final decree application also that the
preliminary decree ... final decree as they could have obtained a
R.S.A. Nos. 1182/2004 & 648/2010
-25-
final decree also behind the back
face of the record and further that
Executing Court cannot go behind the decree by looking
8
at new documents. Learned District Judge further held ... decree has the same force as a
decree which is passed on contest and further that as
24
long as the ex-parte decree
which passed the decree was not lacking jurisdiction in passing the decree. The relationship of landlord-tenant between the opposite party decree holder ... objection to the decree under section 47 of the Code and held that a Court executing a decree cannot go behind the decree. It must
execution of a decree and if the decree-holder is unable to enjoy
the fruits of his success by getting the decree executed, the
entire ... decree though it set aside the judgment and
decree of the learned trial court, for no fault of the
respondents/decree holders, decree cannot
execution case, would tantamount to asking the executing court to go behind the decree which is not permissible in law. It was stated that ... Insolvency. The court has the power to go behind the decree to see whether it was obtained by fraud or collusions and whether the judgment
part of the decree holder in executing the decree within the permissible period for limitation in execution of such decree cannot give any sustainable right ... judgment and decree become final without there being any appeal, the decree is executable. In the case in hand, exparte judgment and decree become final
