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Execution of decree - All questions between the parties can be decided by the executing court - But the important aspect to remember is that these questions are limited to the "execution of the decree" - Executing court can never go behind the decree - Under Section 47, CPC the executing court cannot examine the validity of the order of the court which had allowed the execution of the decree in 2013, unless the court's order is itself without jurisdiction. - Supreme Court of India Judgements
SUPREME COURT OF INDIA DIVISION BENCH PRADEEP MEHRA — Appellant Vs. HARIJIVAN J. JETHWA (SINCE DECEASED THR. LRS.) AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Sudhanshu Dhulia, JJ. ) Civil Appeal No. 6375 of 2023 (Arising out of SLP (C) No.8943 of 2021) Decided on : 30-10-2023 Civil Procedure Code, 1908 […]
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