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Executing court can entertain objection that award passed by

 

Executing court can entertain objection that award passed by arbitrator is nullity

 
It is settled law that the Court executing the decree cannot go behind the decree. Any objection that the decree was incorrect in law, was, in fact, cannot be entertained, until it is set aside by an appropriate proceeding in an appeal or in a revision. A decree even if it is erroneous is still binding between the parties. When a decree is a nullity i.e., where the same is made by a Court which had no inherent jurisdiction to make it, its nullity can be set up in an execution proceeding as lack of inherent jurisdiction goes to the root of competence of the Court to try the case. The decree which is a nullity is void and the same can be declared to be void by any Court in which it is presented. Its nullity can be set up whenever it is sought to be enforced or relied upon and even at the stage of execution or even in collateral proceedings. The Executing Court can, therefore, entertain an objection that the decree is a nullity and can refuse to execute the decree. By doing so, the Executing Court would not incur the reproach that it is going behind the decree, because the decree being null and void, there would really be no decree at all. 1

R.S. Bajwa and Company Vs. State of Chhattisgarh and Ors.
Court :Chattisgarh
Citations :AIR2008Chh75; 2008(4)MPHT105(CG)
Judge : Dhirendra Mishra, J.
Decided On :2008-08-05

Dhirendra Mishra, J.

-https://www.lawweb.in/2013/11/executing-court-can-entertain-objection.html



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