executing court
Parveen Kr. Aggarwal
(Querist) 19 December 2009
This query is : Resolved
Whether executing court can go behind the decree? If so, in which cases?
Arvind Singh Chauhan
(Expert) 19 December 2009
No, executing court can't go behind the decree. Three are many case laws also.
N RAMESH.
(Expert) 19 December 2009
The function of executing court is to implement the terms of the decree not to go beyond it.
Raj Kumar Makkad
(Expert) 19 December 2009
No chance but it can certainly take into account certain happening after passing of decree and execution.
Sachin Bhatia
(Expert) 19 December 2009
No, executing court can not go behind the decree.
Parveen Kr. Aggarwal
(Querist) 20 December 2009
In case it is found by the Executing Court that the decree was passed by the Court despite lacking inherent jurisdiction and the decree in fact is nullity being without jurisdiction, whether the Executing Court will still execute it ignoring the defect that goes to the root?
niranjan
(Expert) 20 December 2009
Point of nullity can be agitated in the execution petition.
Parveen Kr. Aggarwal
(Querist) 20 December 2009
Besides the point of nullity what other points pertaining to a decree can be agitated in an execution petition ?