executing Court cannot go behind the decree. The scope of enquiry by the executing Court, while executing the decree, when execution is resisted, is limited ... executable. Unless a decree is executable the Court cannot proceed to execute the decree. In other words, Court cannot assume jurisdiction to execute the decree
were a decree of the Court;
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(iii) The executing Court, cannot go behind the decree unless the decree was passed by a Court ... that a Court executing a decree cannot go behind the decree. It must take the decree as it stands for the decree is final
jurisdiction of the executing Court. The executing Court can go behind the decree only to find out as to whether the decree is a nullity ... executing Court rightly held that it cannot go behind the decree, because the Court that passed the decree sought to be executed, was a Court
go behind the decree. But at the same time the executing court can examine the executability of the decree. A decree can be executed only ... decree is executable the court cannot proceed to execute the decree. In other words the court cannot assume jurisdiction to execute the decree which
first time when the decree was sought to be executed.
6. A Court executing a decree cannot go behind the decree between the parties ... cannot go behind the decree. A decree suffering from illegality or irregularity of procedure cannot be termed inexecutable by the Executing Court and the remedy
executing a decree cannot go
behind the decree: between the parties or their
representatives it must take the decree
according to its tenor, and cannot ... executing a decree
cannot go behind the decree: between
the parties or their representatives it
must take the decree according to its
tenor, and cannot
import of the
decree. It further held that the court cannot go behind the decree
or beyond the decree but while executing a decree ... that a Court executing a
decree cannot go behind the decree : it must
take the decree as it stands, for the decree is
binding
true import of the decree. No doubt, the court cannot go behind the decree or beyond the decree. But while executing a decree for specific ... holding that a court executing a decree cannot go behind the decree and cannot entertain any objection that the decree was incorrect
jurisdiction of the Executing Court
is only restricted to execution of the decree, and the Executing Court cannot
go behind and/or beyond the decree ... executing a decree cannot go behind the
decree: between the parties or their representatives it must take
the decree according to its tenor, and cannot
settled proposition that an executing court
cannot go behind the decree and argued that the Court went
behind the decree while ordering eviction ... jurisdiction vested in the executing
court and also observed that though an executing court cannot
go behind the decree, it does not mean that