AIR 2017 SUPREME COURT 1577 ::2017 (2) AJR 702 ::(2017) 135 RevDec 384 ::(2017) 1 WLC(SC)CVL 711 ::(2017) 1 CLR 916 (SC) ::(2018) 4 CivLJ 138 ::(2018) 2 CivLJ 273 ::(2017) 2 All RentCas 318 ::(2017) 3 CivilCourtC 45 ::2017 (5) SCC 371 ::(2017) 2 RecCivR 1047 ::(2017) 3 Scale 627 ::(2017) 2 CurCC 83 ::AIR 2017 SC (Civil) 1395 ::(2017) 4 CalLT 57 ::(2017) 122 All LR 525 ::(2018) 2 Cal HN 134 ::(2017) 2 Cal LJ 129 ::(2017) 3 Cal LJ 153 ::(2017) 3 Bom CR 439 ::(2017) 123 Cut LT 1106 ::(2017) 3 ICC 282 ::(2017) 3 Mad LW 751 ::(2017) 4 MPLJ 375 ::(2017) 6 Mah LJ 47 ::(2017) 4 AndhLD 29 ::(2017) 1 Guj LH 164 ::(2017) 173 AllIndCas 214 (SC)

Supreme Court Of India

(From : Madras)*

Hon'ble Judge(s): Arun Mishra, Amitava Roy , JJ

Civil P.C. (5 of 1908) , S.47— Execution of decree - Objection - Decree neither suffering from jurisdictional error nor a nullity - Objections as to executability of decree - Cannot be entertained. CRP (NDP) 1499 of 2016 and CMP No. 8225 of 2016, D/- 3-6-2016 (Mad), Reversed. Executing Court can neither travel behind decree nor sit in appeal over same or pass any order jeopardizing rights of parties thereunder. It is only in limited cases where decree is by a court lacking inherent jurisdiction or is a nullity that same is rendered non est and is thus inexecutable. An erroneous decree cannot be equaled with one which is a nullity. There are no intervening developments as well as to render decree inexecutable. S. 47 of Code mandates determination by an executing court, questions arising between parties or their representatives relating to execution, discharge or satisfaction of decree and does not contemplate any adjudication beyond same. A decree of court of law being sacrosanct in nature, execution thereof ought not to be thwarted on mere asking and on untenable and purported grounds having no bearing on validity or executability thereof. In present case, plaint discloses that respondent had represented before appellant to be authorised to act on behalf of both firms and in that capacity had participated in transactions that followed. In that....