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Issues: (i) whether the executing court could entertain an objection under Section 47 of the Code of Civil Procedure, 1908 challenging the decree on the ground of lack of jurisdiction when the jurisdictional issue had already been decided in the suit and first appeal; (ii) whether the decree was liable to be treated as a nullity on the alleged ground of fraud arising from amendment of the plaint without leave of court.
Issue (i): whether the executing court could entertain an objection under Section 47 of the Code of Civil Procedure, 1908 challenging the decree on the ground of lack of jurisdiction when the jurisdictional issue had already been decided in the suit and first appeal.
Analysis: The jurisdiction of the trial court had been specifically put in issue and decided against the judgment debtor in the suit, and the finding was upheld in appeal. An executing court cannot re-open that question or sit in appeal over the decree. Objection in execution is confined to cases where the decree is shown to be a nullity for inherent lack of jurisdiction apparent on the face of the record. Where the same jurisdictional objection was already adjudicated on merits, Section 47 cannot be used to bypass that adjudication.
Conclusion: The objection based on alleged lack of jurisdiction was not entertainable in execution and was rightly rejected.
Issue (ii): whether the decree was liable to be treated as a nullity on the alleged ground of fraud arising from amendment of the plaint without leave of court.
Analysis: A decree obtained by fraud may be impeached, but fraud must be established by material showing that the court was misled or that the proceedings were vitiated. The record showed that the judgment debtor had objected to the amendment application and there was no material to show any fraud on the court. The mere allegation that the plaint was amended without leave was insufficient to displace the decree at the execution stage.
Conclusion: The plea of fraud was rejected and the decree was not treated as a nullity.
Final Conclusion: The writ petition failed because the execution objections did not disclose any legally sustainable ground to invalidate the decree or to reopen issues already decided by the trial and appellate courts.
Ratio Decidendi: An executing court cannot go behind a decree to re-agitate a jurisdictional issue already decided on merits, and a decree can be impeached in execution only if it is shown to be a nullity for inherent lack of jurisdiction or proved fraud.
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