Powers of Executing Court

Executing court cannot go beyond the decree and it has to execute the decree in terms in which it has been passed.

Defendants contested the suit and the Trial Court ultimately passed a decree in favor of the plaintiff for a 1/5th share

Plaintiff then applied to the Executing Court for execution of the decree, which was granted

However, one of the defendants, the petitioner, also filed an application for execution of the decree on the ground that he was the legal heir of the deceased and entitled to benefit from the decree as the plaintiff had been

Validity

Plaintiff's 1/5th share had been decreed, but no finding had been recorded regarding the remaining 4/5th share, for which the petitioner sought execution

Neither the judgment nor the decree provided any executable rights for the petitioner

While the petitioner had the option to approach the civil court for an identical decree, the Executing Court was bound to execute the decree as it was passed and could not alter, amend or add to it

Courts below were correct in denying the relief sought by the petitioner

Revision petition was dismissed.

Executing court cannot go beyond the decree.

Decree holder could apply to the court which had passed the decree, for enforcement of the same, against legal representative of deceased judgment-debtor

Decree against legal heirs has to be executable to the extent of property of deceased judgment-debtor which had come to his hand and had not been disposed of

Executing Court might on its own motion or on the application of decree holder compel such legal heirs to produce any account of deceased

Decree could be satisfied from the assets left by the deceased at the time of his death

Judgment-debtor, in the present case, was alive at the time of pronouncement of judgment and decree

Execution petition was maintainable in circumstances

No illegality or irregularity had been pointed out in the impugned order

Executing Court had not exceeded his powers by passing the impugned order

Revision was dismissed in circumstances.

Executing court could not creatively interpret a decree which had attained finality before the Supreme Court to nullify its effect.

Executing Court could determine the date of default under S.47, C.P.C. if no such date was defined in the decree by the Court.