https://www.taxtmi.com/caselaws?id=456333 After the U.P. amendment to Section 42 CPC, the transferee court could not execute the transferred decree by attachment and sale of immovable property because execution powers are procedural and must follow the law in force when execution is sought; the decree-holder had no vested substantive right to insist on that mode of execution. Since the Court of Small Causes itself lacked power to authorise such a sale, the Munsif's court acquired none on transfer, and the sale of immovable property was without jurisdiction and void. A sale made wholly without jurisdiction is a nullity, so the objection was not barred by Section 47 CPC and could be raised whenever relied upon. en-us Tue, 16 Sep 1980 00:00:00 +0530 Wed, 17 Jul 2024 12:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=456333 After the U.P. amendment to Section 42 CPC, the transferee court could not execute the transferred decree by attachment and sale of immovable property because execution powers are procedural and must follow the law in force when execution is sought; the decree-holder had no vested substantive right to insist on that mode of execution. Since the Court of Small Causes itself lacked power to authorise such a sale, the Munsif's court acquired none on transfer, and the sale of immovable property was without jurisdiction and void. A sale made wholly without jurisdiction is a nullity, so the objection was not barred by Section 47 CPC and could be raised whenever relied upon. Case-Laws Indian Laws Tue, 16 Sep 1980 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=456333