can court go behind the decree?

vaishali (Querist) 30 November 2008 This query is : Resolved
hello, r\sir
my que. is that,can a court executing the decree go behind the decree? any citetion on that point.
thanks!

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R.Santha Moorthy (Expert) 30 November 2008
normally the court can not go beyond decree. But in some cases, it can do so for ultimate justice as in the case of suit for specific performance of contract, the possession can be ordered even if it is not ordered in the decree. For specific citations, I requir some time to answer. But i am sure that there are number of judgements in this regard.

legaleagle (Expert) 01 December 2008
hi there . well as per the law there are restrictions on the executing court to go beyond the decree. .i there fore agree with my respected friend Mr. Moorthy

G. ARAVINTHAN (Expert) 01 December 2008
A court can not go beyond decree or order of other decree, unless in appeals or revision

Murali Krishna (Expert) 02 December 2008
As Santa Murthy said, an executing court normally cannot go behind the decree. However, in certain circumstances t can go, but such circumstances are very limitted.

Jithendra.H.J (Expert) 05 December 2008
court cannot go behind the decree

VD MODI Vs R.A.REHAMAN AIR 1970 SC 1476

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