https://www.taxtmi.com/caselaws?id=291714 A challenge to an execution sale as having gone beyond the decree must be raised in execution under section 47 of the Code of Civil Procedure, so a separate suit is barred. The plaint could be treated as an execution application, and where the sale was void because it was not authorised by the decree, limitation was governed by article 181 of the Indian Limitation Act, running from dispossession rather than the date of sale. The objection that the District Court lacked competence to entertain the matter was waived because it was not taken in the written statement and could not be raised for the first time in second appeal. en-us Fri, 04 Nov 1955 00:00:00 +0530 Mon, 23 Nov 2020 13:36:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=291714 A challenge to an execution sale as having gone beyond the decree must be raised in execution under section 47 of the Code of Civil Procedure, so a separate suit is barred. The plaint could be treated as an execution application, and where the sale was void because it was not authorised by the decree, limitation was governed by article 181 of the Indian Limitation Act, running from dispossession rather than the date of sale. The objection that the District Court lacked competence to entertain the matter was waived because it was not taken in the written statement and could not be raised for the first time in second appeal. Case-Laws Indian Laws Fri, 04 Nov 1955 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=291714