AIR 1972 SUPREME COURT 1371 ::1973 2 SCC 40 ::1972 SCD 361

Supreme Court Of India

(From: Gujarat)

Hon'ble Judge(s): K. S. Hegde, P. Jaganmohan Reddy, K. K. Mathew , JJJ

Civil P.C. (5 of 1908) , S.47— Duty of executing Court. It is true that an executing court cannot go behind the decree under execution. But that does not mean that it has no duty to find out the true effect of that decree. For construing a decree it can and in appropriate cases it ought to take into consideration the pleadings as well as the proceedings leading upto the decree. In order to find out the meaning of the words employed in a decree, the court often has to ascertain the circumstances under which these words came to be used. That is the plain duty of the executing court and if that court fails to discharge that duty it would be deemed to have failed to exercise the jurisdiction vested in it.(Para 19)