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Executing Court cannot decide on the jurisdiction of the court issuing decree

In CIVIL APPEAL NO. 116 OF 2019, SNEH LATA GOEL vs PUSHPLATA & ORS., considering an appeal against a Jharkhand High Court order that had set aside an executing court order which dismissed the objection as to territorial jurisdiction of the court which passed the decree in a partition suit. The High Court observed that the plea that the decree could not be executed on the ground that it had been passed by a court which had no territorial jurisdiction to entertain the partition suit could have been raised under Section 47 of the Code of Civil Procedure.

The Supreme Court decided that the High Court had erred in its decision and referring to Vasudev Dhanjibhai Modi v Rajabhai Abdul Rehman among others wherein it was held that a court executing a decree cannot go behind the decree between the parties or their representatives it must take the decree according to its tenor, and cannot entertain any objection that the decree was incorrect in law or on facts. Until it is set aside by an appropriate proceeding in appeal or revision, a decree even if it be erroneous is still binding between the parties.

If the decree is on the face of the record without jurisdiction and the question does not relate to the territorial jurisdiction or under Section 11 of the Suits Valuation Act, objection to the jurisdiction of the Court to make the decree may be raised where it is necessary to investigate facts in order to determine whether the Court which had passed the decree had no jurisdiction to entertain and try the suit, the objection cannot be raised in the execution proceeding.

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