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 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
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
Processual Law the remedy is only by way of execution of the decree, and that no suit could be brought upon the judgment ... suit for possession which had been granted by an unexecuted decree was held not to be maintainable.
13. In the case of Kisan Nandram
increase. The interest is granted only with an intention to compensate the decree-holder from any loss which may occur on account of delay ... claimants and thus prompt the respondents to leave the decree unexecuted for some time as possible and earn an extra income which they would
processual law the remedy is only by way of execution of the decree, and that no suit could be brought upon the Judgment.
9. Following ... suit for possession which had been granted by an unexecuted decree was held' not to be maintainable, In the case of Kisan Nandram
that decree was not executed mainly on the ground that as, an application has been filed for enhancement of rent, the decree became unexecutable ... rent was enhanced and thus it was decided that the decree becomes unexecutable.
10.The said approach of the executing court is wholly erroneous, inasmuch
period of limitation for execution of the decree has expired, and the decree has thus become unexecutable, if the relationship of landlord and tenant ... before the passing of the decree, whichever is higher. If the tenant gives the undertaking the decree becomes unexecutable, but that does not mean that
called upon the decree-holder to proceed with his application. In reply, to this on the 10th of December 1914 the decree holder said ... judgment debtor." After this the Munsif returned the decree as unexecuted to the Lucknow Court. The decree holder again applied to the Lucknow Court
