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
distinction between
"null and void decree" and "illegal decree", this Court has
said that a decree can be said ... being a nullity and not
executable and a decree of the court which is merely illegal
or not passed in accordance with the procedure laid
being a
nullity and not executable and a decree of the Court which is merely
illegal or not passed in accordance with the procedure laid ... best,
result in the decree being termed as an 'illegal decree', but that in
itself would not amount to branding the decree
annum from 4th
May, 1969.
(c) Decree for accounts for mesne profits and/or illegal gains from 5th
May, 1969 till payment as mentioned ... several judgments of this Court which
support the view that an illegal decree is a nullity and can be ignored.
These are Anil R. Deshmukh
composite account and the suit as one on accounts. He granted a decree on these terms:
The plaintiff shall' render an account ... misapprehension of the observations of the remand order an illegal decree had been passed in favour of the plaintiff.
12. What was the misapprehension about
compromise decree was void.
Further, we find that in addition to the above procedural
violation, the compromise decree is also illegal insofar as it fails ... agreement with the findings of the
lower Courts that the compromise decree was illegal and void.
Moreover, as rightly argued by learned counsel
misapprehension of
the observations of the remand order, an illegal decree had
been passed in favour of the plaintiff.
Restoring the trial Court ... misapprehension of the observations of the remand order an
illegal decree had been passed in favour of the plaintiff.
What was the misapprehension about? While
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
distinction between a 'void
decree' and an 'illegal, incorrect and irregular decree'. Learned
counsel submitted that the judgment and decree passed ... could at best be termed as an 'illegal,
incorrect and irregular decree' but surely it is not a 'void
decree
