executing court can not go behind decree,executing court should execute decree as it stands
It is a well-settled principle that a Court executing a decree cannot go behind the decree: it must take the decree as it stands, for the decree is binding and conclusive between the parties to the suit. If the contention of the appellant were to be accepted, it would contravene the said principle; for, while the decree as construed by us, has directed that it should not be executed against the personal properties of the partners, the executing Court would be directing execution against the said partners. While the decree excluded persona] liability, the executing Court would be imposing the same. This cannot obviously be done.
Supreme Court of India
Topanmal Chhotamal vs Kundomal Gangaram And Ors. on 8 September, 1959
Equivalent citations: AIR 1960 SC 388
