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    <title>1999 (1) TMI 420 - HIGH COURT OF KERALA</title>
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    <description>An executing court cannot go behind a clear decree to deny execution against the judgment-debtors&#039; personal properties merely on the asserted ground that they were not personally liable. Where the decree expressly fastens liability and the plea of non-personal liability has already been considered and rejected, that controversy cannot be reopened in execution. Only a decree that is a nullity or patently without jurisdiction on the face of the record can be ignored. The court therefore held that the decree remained binding, the judgment-debtors were personally liable, and their properties could be proceeded against.</description>
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    <pubDate>Mon, 25 Jan 1999 00:00:00 +0530</pubDate>
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      <title>1999 (1) TMI 420 - HIGH COURT OF KERALA</title>
      <link>https://www.taxtmi.com/caselaws?id=104074</link>
      <description>An executing court cannot go behind a clear decree to deny execution against the judgment-debtors&#039; personal properties merely on the asserted ground that they were not personally liable. Where the decree expressly fastens liability and the plea of non-personal liability has already been considered and rejected, that controversy cannot be reopened in execution. Only a decree that is a nullity or patently without jurisdiction on the face of the record can be ignored. The court therefore held that the decree remained binding, the judgment-debtors were personally liable, and their properties could be proceeded against.</description>
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      <pubDate>Mon, 25 Jan 1999 00:00:00 +0530</pubDate>
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