Vasudev Dhanjibhai Modi vs Rajabhai Abdul Rehman & Ors on 18 March, 1970
(8) The learned counsel for the appellant submitted that it was within the jurisdiction of the execution Court to go behind the decree and find out the claims which had or had not been made or were or were not imn fact decided by the Arbitrator or the Court in the previous proceedings. The law on the subject is very clear. Should there be any ambiguity in the decree, it is open to the execution Court to reffer to the judgment as well as the pleadings of the parties in order to determine the scope of the dispute between the parties, but if there is no ambiguity in the decree, the execution Court cannot go behind the decree and it must execute the decree as it finds it irrespective of any claims of the parties which they were entitled to raise before the passing of the decree. The limits within which the execution Court can go behind the decree have been laid down by the Supreme Court in an unreported judgment Vasudev Dhanjibhai Modi v. Rajabhai Abdual Rehman, Civil Appeal No. 406 of 1967 decided on 11th March, 1970, where their Lordships observed that an execution Court cannot go behind the decree and it must take the decree according to its tenor and cannot entertain any objections that the decree was incorrect in law or on facts, until the same is set aside by appreciate proceedings in appeal or revision. Their lordships have also observed the circumstances under which an execution Court can ignore the decree which suffers from lack of inherent jurisdiction. The learned counsel for the appellant has rightly not made any attempt to bring his case within the exceptions laid down in the said judgment.