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By Pallavi Gopinath
Published In
Air 2003
Introduction
Execution is the enforcement of decrees and orders by process of Court to enable the judgment-creditor or decree-holder to recover the fruits of the judgment.
It is now an established principle that lack of territorial or local or pecuniary jurisdiction does not render the orders of a Court a nullity, except under international law. As pointed out by the Supreme Court in Hiralal Patni v. Kali Nath, AIR 1962 SC 199.
“The objection as to local jurisdiction of a Court does not stand on the same footing as an objection to the competence of a Court to try a case. Competence of a Court to try a case goes to the very root of the jurisdiction and where it is lacking it is a case of inherent lack of jurisdiction. On the other hand an objection as to the local jurisdiction of a Court can be waived and this principle has been given a statutory recognition by enactments like S. 21 of the Code of Civil Procedure.”
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