ANAND Vs. MOHD USMAN

JUDGEMENT

(1.) HAVING heard learned Counsel for the applicant and having perused record of the case, I find no substance in this revision and hence, it is liable to be dismissed in limine.

(2.) IT seeks to challenge an order, dated 2-1-2002, passed by learned rent Controlling Authority, Indore, in Execution Case No. 16 of 2000, whereby certain objections raised by the judgment debtor under Order 47, cpc have been dismissed. I concur with the observations and the findings so recorded by the learned Rent Controlling Authority by rejecting the objections, as in his opinion and rightly so none of the objections have any validity or legal basis and that they were really misconceived in nature. They were apparently raised to avoid the execution decree suffered by the objector.

(3.) ONCE, the decree becomes final in any proceedings, either by way of an appeal or in the proceedings initiated under Order 9 Rule 13 of CPC, the decree has to be given effect to by putting it into execution. Any objection to the legality or propriety of a decree can not be allowed to be raised in the garb of Section 47 of CPC unless they relate to a nature expressely falling within the mischief of Section 47 of CPC. The jurisdiction of Executing Court is limited and is only confined to examine the matters falling within the meaning of Section 47 of CPC and none else. The principle judicially recognised that executing Court can not and should not go behind the decree should always be kept into consideration while deciding any such objection. It becomes more so when such objection are raised by the judgment debtor himself, or any objector closely related to judgment debtor. An objection which could be raised in trial and before passing of a decree can not be allowed to be raised by a judgment debtor/objector under Section 47 of CPC. The principle judicially recognised that Executing Court can not and should not go behind the decree should always be kept into consideration while deciding any such objection. It becomes more so when such objection are raised by the judgment debtor himself, or any objector closely related to judgment debtor. An objection which could be raised in trial and before passing of a decree can not be allowed to be raised by a judgment debtor/objector under Section 47 of CPC. (Para 3)