Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court cannot examine the validity of order of Court which had allowed the execution of decree unless Court's order is itself without jurisdiction...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All the questions between parties can be decided by executing Court and these questions are limited to execution of decree - Executing Court can never go behind the decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Execution proceeding works in different stages - If JDs have failed to take an objection and have allowed preliminary stage to come to an end and matter has moved to next stage, JDs cannot raise objection subsequently and revert back to an earlier stage of the proceeding...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principles of res judicata are not only applicable in respect of separate proceedings but general principle of res judicata are also applicable at subsequent stage of same proceedings and therefore same Court will be precluded to go into that question which has already been decided or deemed to have been decided by..........
