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
however, while dealing with such an application, the Court cannot go behind the decree.
5.2. In order to bring the case within the scope ... such questions and decide the same.
How far the Court goes behind the decree ? :
6. It is a settled proposition of law that the Executing
order to determine the said question, the Court has to go behind the decree. According to him, the executing court cannot go behind a decree ... decree passed by the executing court is executable. In order to see whether the decree is executable, it is to be ascertained whether a decree
further contends that the principle that the executing court cannot go behind the decree has certain exceptions. The nullity of a decree for want ... decree. A decree can be executed only when it is executable. Unless a decree is executable the court cannot proceed to execute the decree
raised. According to him the executing Court cannot go behind the decree. A decision on the said point would amounl lo going behind ... decree. It must take the decree as il is and must proceed to execute il. It cannot entertain an objection that-the decree is incorrect
without jurisdiction, in that event, the Executing Court can go behind the decree. He relied on the decision of Bhavan Vaja v. Solanki Hanuji Khodaji ... raised in the execution and the Executing Court can go behind the decree. This is a principle which is an exception to the principle that
rights of the parties as soon the decree is passed is governed by the decree. Such decree can be set aside only through judicial process ... look into executability of the decree. The test of executability of the decree does not amount to go behind the decree. Whenever a decree comes
decree by the judgment debtor, cannot be sustained. Inasmuch as the decree had provided that the judgment debtor will execute the decree within one month ... those implied conditions which are not reflected in the decree itself. The decree is a decree for specific performance of contract which is a contract
said Act, which. In fact, amounts to going behind the decree.
7. In the present case, the question as to the validity of the decree ... decree which is challenged, Thus. It relates back to a stage before the decree was passed. The executing court cannot go behind the decree
judgment per incuriam.
Can the Contempt Court examine the order and go behind it :
8. A Court, dealing with contempt, is not supposed to question ... order, on the principle that an Executing Court cannot go behind the decree. While exercising jurisdiction of contempt, the Court cannot question the validity
