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Joginer Singh vs Pushpa on 20 March, 1968 Equivalent citations: AIR1969P&H397 JUDGMENT Mehar Singh

decree for divorce could be passed because the decree for judicial separation had been passed on the basis of consent terms and was, therefore, illegal ... originally not legal" and the decree passed on these consent terms was also illegal and, therefore, it cannot be executed and is not binding

Court executing a decree cannot go behind the decree : between the parties or their representatives it must take the decree according to its tenor ... decree being termed as ?illegal decree? would not render the decree a nullity or a decree order without jurisdiction. The Honourable Supreme Court has further

Supreme Court wherein distinction between a decree which is a nullity and a decree which is merely illegal has been drawn. In Vasudev Dhanjibhai Modi ... decree seeks to expose a procedural irregularity which may, at best, result in the decree being termed as an 'illegal decree', then that

illegal decree and null/void decree. Extending the power of executing court in this regard it has been held that if a decree ... illegal decree but that in itself would not amount to branding the decree "without jurisdiction or a nullity. The distinction between a decree passed

further submits that the said decree cannot be put to execution inasmuch as the said decree is an illegal decree ... distinction between "null and void decree" and "illegal decree". Paragraph 6 to 9 of the said judgment being relevant are quoted

with regard to the "void/Null decree" and "illegal decree" was considered. The powers of Executing Court in that regard came ... Court executing the decree cannot go beyond the decree between the parties or their representatives and it must take the decree according to its tenor

Declaration. Such refusal has resulted in continuation of a patently illegal decree. It has not been appreciated that delay must be examined in the context ... does not permit refusal of condonation where such refusal perpetuates an illegal decree. Signature Not Verified Signed By:VIKAS RSA 13/2026 Page

subject matter thereof passes a decree in a suit which was barred by time, such a decree would come within the realm of nullity ... nullity but at the highest be treated to be an illegal decree. While laying down the law, the Court stated at page 910 thus

Court executing a decree cannot go behind the decree : between the parties or their representatives it must take the decree according to its tenor ... Court has considered the distinction between null and void decree and illegal decree in Rafique Bibi v. Sayed Waliuddin