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    <title>2019 (2) TMI 2015 - ALLAHABAD HIGH COURT</title>
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    <description>An executing court cannot reopen a jurisdictional objection under Section 47 CPC when the same issue was already decided in the suit and affirmed in first appeal; execution is limited to decrees that are a nullity for inherent lack of jurisdiction apparent on the record. The alleged fraud based on amendment of the plaint without leave was also rejected because fraud must be established by material showing that the court was misled, and no such material was shown. The execution objections were therefore not maintainable, and the decree was not treated as a nullity.</description>
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    <pubDate>Tue, 05 Feb 2019 00:00:00 +0530</pubDate>
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      <title>2019 (2) TMI 2015 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=301586</link>
      <description>An executing court cannot reopen a jurisdictional objection under Section 47 CPC when the same issue was already decided in the suit and affirmed in first appeal; execution is limited to decrees that are a nullity for inherent lack of jurisdiction apparent on the record. The alleged fraud based on amendment of the plaint without leave was also rejected because fraud must be established by material showing that the court was misled, and no such material was shown. The execution objections were therefore not maintainable, and the decree was not treated as a nullity.</description>
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      <pubDate>Tue, 05 Feb 2019 00:00:00 +0530</pubDate>
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