Res judicata barred reopening a final leave objection under the Companies Act in execution, allowing enforcement to proceed.

A jurisdictional objection that an ejectment order was a nullity for want of leave under section 446(1) of the Companies Act could not be reopened in execution when the same point had already been raised and expressly rejected in the ejectment proceedings. That determination had attained finality because it was never appealed or otherwise challenged. A matter directly and finally decided by a court of competent jurisdiction cannot be reagitated in execution merely by recasting it as a jurisdictional issue. The objection was therefore barred by res judicata, and the execution court was entitled to proceed.

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Issues: Whether the objection that the ejectment order was a nullity and could not be executed, on the ground that leave of the Company Court had not been obtained, could be reopened in execution after having been decided against the objector in the ejectment proceedings.

Analysis: The same objection regarding want of leave under section 446(1) of the Companies Act had been raised before the Rent Controller and was expressly rejected on a finding that permission of the Calcutta High Court had been obtained. That determination was never appealed against or otherwise challenged and had attained finality between the parties. A matter directly and finally decided by a court of competent jurisdiction cannot be reagitated in execution proceedings merely by styling it as a jurisdictional objection. Permitting such would defeat finality and allow settled issues to be reopened endlessly.

Conclusion: The objection was barred by res judicata and the execution court had jurisdiction to proceed. The challenge to the ejectment order failed.

Final Conclusion: The revision was dismissed because the objector could not reopen in execution an issue already finally decided in the ejectment proceedings.

Ratio Decidendi: A finally decided objection, including one concerning leave under section 446(1) of the Companies Act, cannot be reopened in execution proceedings between the same parties and is barred by res judicata.

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