including a decree holder. Conceptually, a decree holder is a person who not only has a decree in his favour but is in a position ... must arise out of an enforceable decree and not out of decree which otherwise is unenforceable. A decree which is more than two years
erroneous decree cannot be equaled with one which
is a nullity. There are no intervening developments as well as to render
the decree unexecutable ... documents to the Decree Holders
in compliance of judgment and decree passed by the Court.
23. Whether the Decree Holders would be able
execution of the decree within two years of the passing of the decree does not make the decree unexecutable and at any rate the insolvency ... becomes or can be treated as unexecutable decree. The decree can become amongst other reasons unexecutable if the execution is filed after 12 years
cannot go behind the decree and pre-decree agreement affecting executability of decree. Such agreement not being embodied in the decree agreement cannot ... decree, the executing court cannot go into that question. However, if the execution of the decree is not possible and the decree is unexecutable then
decree-holders reap the fruits of the litigation only after the execution of the decree. So long the decree remains unexecuted all are losers ... purchased the whole decree and the interest of the judgment-debtors and the decree-holders merges and the decree becomes unexecutable. If some portion
erroneous decree
cannot be equalled with one which is a nullity. There are
no intervening developments as well to render the
decree unexecutable ... such provision of law or the law was
promulgated making a decree unexecutable after its
passing. None of the above eventualities as recognised
fully executed the Rani, on February 7, 1915, sold the unexecuted decree for Rs. 11,500 to the female appellant, who is the wife ... judgment-debtors to have it declared that the purchase of the unexecuted decree was really a purchase benami of the male appellant; that
Bireswar Sen And Anr. vs Ashalata Ghose And Anr. on 12 August, 1968
Equivalent citations
this
satisfaction is not recorded by the court, then the Consent Decree
is unexecutable, was the submission. In support of this
proposition, Mr. Damle relied ... pass a decree of
eviction against the Defendants. This being the case, he submitted
that the decree itself was unexecutable and therefore the order
decree-holder filed an application for execution of the decree. The judgment-debtor raised the objection that the decree has become unexecutable on account ... urged that the decree-holder having lost his status as a tenant, the decree has been rendered unexecutable. The executing court sustained the objection
