The executing court cannot question the validity of a decree. It has to take the decree as it stands and has to execute it according to its terms. The executing court must abide by the directions contained in the decree. It is beyond its province to question its legality or correctness.
The executing court cannot enter into criticism of the decree or give relief against its rigour. It cannot allow objections that the decree was obtained by fraud or passed against a wrong person or against a minor, who was not properly represented. Such pleas can be raised not in the executing court but by means of a separate suit or by means of an appeal, if the same is permissible.
There are, however, three cases where the executing court can go behind the decree. They are as under:
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ADVERTISEMENTS:
1. Where the decree is a nullity. The objection of the judgment-debtor that the decree is a nullity because it was passed against a dead person, without bringing his legal representative on the record is an objection which can be entertained by the executing court, for in such a case if the objection Is proved there is no executable decree all.
2. Where the decree is ambiguous, i.e., a decree instead of meaning one thing may mean two or more different things. In such a case it is the duty of the executing court to go behind the decree and seek to ascertain from the judgment and pleading the true implication of the decree. This is necessary to enable the executing court to execute the decree.
3. Where the decree has been made by a court without jurisdiction, i.e., in respect of territorial or pecuniary jurisdiction or in respect of the judgment-debtor’s person. An objection based on the ground of jurisdiction can be entertained by the executing court for if the decree has been passed without jurisdiction by a court, there is no executable decree.