In Brief
This case concerns the scope of objections to decree execution under Section 47 of the Civil Procedure Code. The respondent, a judgment-debtor, challenged the executability of a decree in a money recovery suit, alleging non-joinder of a proper party, fraud, and collusion. The Supreme Court held that an executing court's jurisdiction is limited: it can only entertain objections if the decree is a nullity or void ab initio due to jurisdictional defects visible on the record. Merely erroneous decrees, even with naming errors or missing parties where no conflict exists, remain executable. Since the respondent's allegations were unsubstantiated and raised after years of delay, the Court allowed the appeals, set aside the High Court's order permitting evidence-taking, and directed the executing court to proceed with execution.
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