relief of possession under decree

hasan (Querist) 28 April 2011 This query is : Resolved
can courts go behind the decree and give possession of land when the pleading was for declaration and permanent injunction only and relief of possession was not pleaded as at that time the possession was with the plaintiff. later on they were dispossessed. thanks

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Devajyoti Barman (Expert) 28 April 2011
No, the court never go behind the decree except when fraud is exercised upon the court.

Guest (Expert) 29 April 2011
Agree with Devjyoti.

Advocate Bhartesh goyal (Expert) 29 April 2011
Yes,court can not go behind the decree.

M.Sheik Mohammed Ali (Expert) 29 April 2011
yes, i do agree all experts

hasan (Querist) 29 April 2011
my profound thanks to all the esteemed members for their responses.

but i have found a case law that meets my requirements. it is : gopal vs raghuvir csa case no. 165 of 1984 (2006) rd rj 1700, aug 18,2006.

once again, thanks everyone.

Kiran Kumar (Expert) 29 April 2011
no executing court can not go behind the decree.

but its strange that why such a suit was entertained....the consequential relief should have been claimed, the suit should have been on this count itself.

please check the provisions of Specific Relief Act in this regard.

M/s. Y-not legal services (Expert) 30 April 2011
yes agree with all experts.. any court can not go behind the decree.

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