Summary
A 1965 decree that had attained finality was not rendered a nullity by the Punjab customary-rights amendment of 1973. The judgment-debtors’ newly raised objection failed procedurally and on its merits: the amendment concerned pending or later proceedings, and its extension to Haryana had not been shown. Factual objections could not invite the executing court to go behind the decree.
Issues
- Whether the 1973 amendment nullified an already final 1965 decree at execution.
- Whether the new objection and factual challenges were available in these proceedings.
Held
- The sole legal objection pursued in the Supreme Court had not been raised at any prior stage. Even assuming it could be considered, the litigation had concluded before the amendment, leaving crystallised rights unaffected. (¶ 12–21)
- The cited retroactive-amendment decisions concerned proceedings pending at or commenced after the amendment. This decree was final in 1965; moreover, no material established extension of the Punjab amendment to the Haryana dispute. (¶ 18–23)
- The concurrent rejection of factual objections was proper because the executing court could not reopen matters belonging to the suit or go behind the decree. (¶ 25–26)
Result
Appeal dismissed; orders permitting execution of the final decree left undisturbed.