['A' brought a suit for possession over a certain property against 'B' in the Court of Munsif, Allahabad. An objection was taken that the suit was not cognizable by the civil court. The Munsif took the view that he had jurisdiction… Was such an objection entertainable?

Question: ‘A’ brought a suit for possession over a certain property against ‘B’ in the Court of Munsif, Allahabad. An objection was taken that the suit was not cognizable by the civil court. The Munsif took the view that he had jurisdiction to try the suit and decreed the suit. ‘A’ executed the decree and in execution, ‘B’ raised an objection that the Civil Court had no jurisdiction to try the suit. Was such an objection entertainable? Give reasons for your answer.

Find the answer to the mains question only on Legal Bites. [‘A’ brought a suit for possession over a certain property against ‘B’ in the Court of Munsif, Allahabad. An objection was taken that the suit was not cognizable by the civil court. The Munsif took the view that he had jurisdiction… Was such an objection entertainable?]

Answer

An executing court cannot go behind the decree. It must take the decree as it stands and execute it, according to its terms. It has no power to question its legality or correctness. This is based on the principle that a proceeding to enforce a judgment is collateral to the judgment and therefore, no inquiry into its regularity or correctness can be permitted in such a proceeding.

In case of inherent lack of jurisdiction, the decree passed by the court is a nullity and its invalidity could be set up wherever and whenever it is sought to be enforced, whether in execution or in collateral proceedings, Kiran Singh v. Chaman Paswan, [AIR 1954 SC 340]. In such a case, there is no question of going behind the decree, for really in the eye of law there is no decree at all.

All objections relating to the pecuniary or territorial jurisdiction cannot be raised in execution proceedings, but if they are based upon some other ground they can certainly be raised such as the question that the court has no jurisdiction to try a certain type of suit. As in such a case, the decree passed is a nullity.

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