Evidence in decree execution case
PARTHA SARKAR
(Querist) 04 March 2012
This query is : Resolved
Sir, Kindly advise whether in decree execution case evidence is maintainable or a mandatory part of the case? As the execution court may not go beyond the order and evidence has already taken in the main case.
Shonee Kapoor
(Expert) 05 March 2012
What??? Divorce Decree need not be executed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 05 March 2012
Dear SARKAR
No court can not go beyond decree, so court can not accept any evidence
Arvind Singh Chauhan
(Expert) 05 March 2012
I go with Nadeem Sir. Court can't do such at this stage.
V R SHROFF
(Expert) 05 March 2012
ONLY OBJECTION CAN BE FILED, AND IT CAN BE EXAMINED.
In one of my case, a Decree to evict a Flat was for Execution.
Elder brother filed Objection, as he had right in Flat, and same cannot be executed as younger brother's debt cannot be recovered from joint property.
So Court examine it and go for evidence, to verify, the objection against Executioner of Decree (Regular Darkhast) is valid or not.
EXECUTION WAS STAY.
Ajay Bansal
(Expert) 05 March 2012
Evidence can also be taken on objections, but in a very rare case.So it is presumed that no evidence would be held in the execution.
Adv.R.P.Chugh
(Expert) 05 March 2012
Normally executing court cannot go behind the decree and has to stick to the execution of the same not the merits of the decree. However it still has the undoubted power to decide questions as to execution/discharge/satisfaction of decree u/s 47 CPC - which normally depends on some evidence.
venkatesh Rao
(Expert) 05 March 2012
Executing court is functus officio and cannot go behind the decree.
prabhakar singh
(Expert) 12 March 2012
1.Between parties there can not be fresh evidence unless the decree is claimed to have been obtained by fraud.
2)Third parties right can be adjudicated by the executing court for which evidence may be required and the executing court has right to do so.
