https://www.taxtmi.com/caselaws?id=281110 A judgment-debtor who was served with notice in execution and failed to object under Order XXI Rule 22 CPC was held barred from later challenging execution on limitation, because constructive res judicata applies to execution proceedings and a plea that could and ought to have been raised earlier cannot be reopened at a later stage. The text also states that, in execution of a mortgage decree, mortgaged immovable property is not exempt from attachment before sale; attachment serves a separate prohibitory function from the mortgage security itself. Once execution advances beyond the noticed stage without challenge, that stage attains finality unless the relevant order is set aside in accordance with law. en-us Wed, 26 Jul 2000 00:00:00 +0530 Tue, 04 Jun 2019 14:51:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=281110 A judgment-debtor who was served with notice in execution and failed to object under Order XXI Rule 22 CPC was held barred from later challenging execution on limitation, because constructive res judicata applies to execution proceedings and a plea that could and ought to have been raised earlier cannot be reopened at a later stage. The text also states that, in execution of a mortgage decree, mortgaged immovable property is not exempt from attachment before sale; attachment serves a separate prohibitory function from the mortgage security itself. Once execution advances beyond the noticed stage without challenge, that stage attains finality unless the relevant order is set aside in accordance with law. Case-Laws Indian Laws Wed, 26 Jul 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=281110