Supreme Court of India
Pradeep Mehra v. Harijivan J. Jethwa (since Deceased Thr. Lrs.) & Ors.
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From the headnote
Issue for consideration: Matter pertains to the delay being caused to the execution proceedings u/ord. XXI CPC, and the process being abused in the execution proceedings, to the peril of the decree holder. Code of Civil Procedure, 1908 – s. 47 – Questions to be determined by the court executing decree – Scope and ambit of: Held: All questions between the parties can be decided by the executing court – These questions are limited to the execution of the decree – Executing court can never go behind the decree – Under s. 47 the executing court cannot examine the validity of the order of the
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