Summary
An Executing Court cannot vary a compromise decree that clearly identifies each party's share of land; it altered the allotted portions on grounds of impracticability, unauthorised construction and a sale to a third party, which exceeded its jurisdiction under Section 47 CPC, so its orders were set aside.
Issues
- Whether the Executing Court, in executing a compromise decree partitioning land, could modify the portions allotted to each party because execution as decreed was considered impracticable.
- Whether Jai Narain Ram Lundia v. Kedar Nath Khetan permitted the Executing Court to reallot the land.
Provisions considered
- Section 47, Code of Civil Procedure, 1908Read as empowering the Executing Court only to decide questions relating to execution, discharge or satisfaction of the decree; it must execute the decree as it stands and cannot go behind or alter it, save where the decree is a nullity. (¶¶ 23, 24, 27, 30)
Held
- The Executing Court's jurisdiction is confined to giving effect to the decree as passed; it cannot act as a trial court or substitute its own view for the decree, and a decree, even if erroneous, binds the parties until set aside in appeal or revision. The only exception is a decree that is a nullity for want of inherent jurisdiction. (¶¶ 24, 25, 26, 27)
- Where a decree imposes reciprocal obligations, the Executing Court must ensure both parties comply with them in substance; Jai Narain Ram Lundia allows it to decide disputes about identity of the property to be given, not to vary the decree's terms. (¶¶ 27, 28, 29)
- Since the compromise decree clearly described the portions falling to each party and there was no dispute about identity of the land, reasons such as constructions not conforming to the sanctioned map or part of the land having been sold were immaterial; reallotting portions exceeded the Executing Court's jurisdiction. (¶ 30)
Result
Appeal allowed; the Executing Court's orders dated 19.07.2021 and 26.08.2021 and the consequential order dated 11.10.2021 were set aside, and the Executing Court was directed to execute the decree according to its terms.