Execution -- Jurisdiction of Executing Court -- Limited to giving effect to decree as passed
(i) Civil Procedure Code, 1908, S.47 -- Execution -- Jurisdiction of Executing Court -- Jurisdiction of the Executing Court is limited to giving effect to the decree as passed. It cannot assume the role of a trial court so as to substitute its own view in place of that expressed under the decree. (ii) Civil Procedure Code, 1908, S.47 -- Execution -- Scope of Executing Court's Powers -- The Executing Court has no jurisdiction to go beyond the decree sought to be executed. It must execute the decree as it stands, without changing it. (iii) Civil Procedure Code, 1908, S.47 -- Execution -- Variation of Decree Terms -- The Executing Court has no jurisdiction to vary the terms of the decree. Only where a dispute arises as to the identity of the land to be delivered as part of the obligation under the decree, the Court can decide such dispute.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
