“The executing Court has no power to entertain any objection as to the validity of the decree...” Discuss the jurisdiction of Execution Court....

Question: “The executing Court has no power to entertain any objection as to the validity of the decree or as to the legality or correctness of the decree.” Discuss the jurisdiction of Execution Court as prescribed under Code of Civil Procedure, 1908 and decided case. [HPJS 2019]

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Answer

The jurisdiction of the Execution Court under the Code of Civil Procedure, 1908 (CPC) is well-defined and primarily limited to executing the decree as it stands. The executing court has no authority to go behind the decree or question its validity, legality, or correctness. This principle has been reinforced by various judicial pronouncements.

The jurisdiction of the executing court is governed by Sections 36 to 74 and Order XXI of the CPC. The key principles regarding its jurisdiction are:

Duty to Execute the Decree (Section 38, 39 CPC): The executing court is bound to execute the decree as passed by the competent court and cannot question its legality or correctness.

No Power to Modify or Alter the Decree: The executing court cannot alter, vary, or modify the terms of the decree. It must implement the decree in its exact terms.

Limitations on Inquiry into Validity (Section 47 CPC): The court can determine only questions related to the execution, discharge, or satisfaction of the decree but not its validity.

The executing court may refuse to execute a decree if:

• The decree is a nullity (e.g., passed by a court lacking jurisdiction).
• The decree is obtained by fraud (to a limited extent).
• The decree is barred by law (e.g., in violation of statutory provisions).

Several landmark judgments have emphasized that the executing court has no jurisdiction to question the validity or correctness of the decree:

Kiran Singh v. Chaman Paswan, AIR 1954 SC 340: The Supreme Court held that a decree passed by a court lacking jurisdiction is a nullity and can be challenged at the execution stage. However, if the decree is passed by a competent court, the executing court cannot question its correctness.

Bhavan Vaja v. Solanki Hanuji Khodaji Mansang, (1973) 2 SCC 40: It was held that the executing court must take the decree as it is and cannot go beyond its terms or examine its validity.

The executing court’s jurisdiction is limited to the execution of the decree and does not extend to examining its legality or correctness. If a party is aggrieved by the decree, the proper remedy is to file an appeal, review, or revision before the appropriate higher forum. The only exceptions to this rule are cases where the decree is a nullity due to lack of jurisdiction, fraud, or illegality that makes execution impossible under the law.

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