https://www.taxtmi.com/caselaws?id=291713 Where an appellate decree modifies a preliminary decree, a conforming final decree is ordinarily required before execution can proceed under Order 34 Rule 5 CPC; the absence of such a decree would normally support an objection to executability. The document also states that a prior execution order, if made by a competent court and allowed to attain finality without timely objection, operates as res judicata on matters necessarily involved. It further notes that where the transferee court has territorial competence, failure to use the formal transfer machinery under Section 39 CPC is only a waivable irregularity, not a void act. The later execution order therefore bound the party and barred renewed objections. en-us Mon, 23 Nov 1942 00:00:00 +0630 Mon, 23 Nov 2020 14:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=291713 Where an appellate decree modifies a preliminary decree, a conforming final decree is ordinarily required before execution can proceed under Order 34 Rule 5 CPC; the absence of such a decree would normally support an objection to executability. The document also states that a prior execution order, if made by a competent court and allowed to attain finality without timely objection, operates as res judicata on matters necessarily involved. It further notes that where the transferee court has territorial competence, failure to use the formal transfer machinery under Section 39 CPC is only a waivable irregularity, not a void act. The later execution order therefore bound the party and barred renewed objections. Case-Laws Indian Laws Mon, 23 Nov 1942 00:00:00 +0630 https://www.taxtmi.com/caselaws?id=291713