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
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
master plan it became unexecutable. He, therefore, held that the decree "is unexecutable and the same stands satisfied".
(9) The petitioners appear ... decree, was not maintainable and should have been dismissed; (2) The learned Sub Judge erred in holding that the decree had become unexecutable merely
evident from his Ration Card. It is argued that the decree ought not to be executed against Shri Shiv Kumar Sharma. It is further submitted ... subsequent demise of the original applicant would not render the decree unexecutable by Court. The undertaking has been accepted by the Court
said Defendant, so as to render the judgment
and decree unexecutable. He also explained that in order to discharge
decree is by a court lacking inherent
jurisdiction or is a nullity that the same is rendered non est and is thus
unexecutable ... erroneous decree cannot be equalled with one which
is a nullity. There are no intervening developments as well to render
the decree unexecutable
without the stamp papers for engrossment of
the decree thereon being deposited and the decree became
unexecutable and unenforceable in law as held ... sought declaration that
the compromise decree dated 31st May, 1984 in the earlier suit for partition
has become unexecutable and unenforceable as per the dicta
being taken up today.
2. This revision petition arises from a decree passed by the Civil Judge, Deoria, UP and transferred to Delhi for execution ... obtained during the execution of the decree. The plea raised by the petitioner was that the decree was unexecutable against the petitioner. The Appellate Court
Kumar in his report to substantiate the plaintiffs claim
for decree of Rs.7,99,466.89P/-. This amount has been
worked ... decree of the Subordinate Court in E.P. No.
309 of 1914. The Subordinate Court of Ramnad held
that the decree was unexecutable and that
legal system, commence after a decree is obtained by the litigant in his
favour.
2. Execution of a decree, once obtained, has become a herculean ... impede the execution of the decree try
every trick in the book to ensure that the decree remains unexecuted
1
(2021) 6 SCC 418
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