When there is a conflict between the judgment and decree, whether execution court can look into the judgment ?
When there is a conflict between the judgment and decree, whether execution court can look into the judgment ? Yes ; when there is a conflict between the judgment and decree and if the decree is not properly / happily drafted, the executing court can look into the judgment to know the intention of the court. See G.Ramayya Vs. Y.Bayanna (1974 (2) An.W.R 14 (SN) – (S.B.I, Petitioner Vs. Maa Sarada oil mills & others (A.I.R. 2003 Gau.22) Whether The Executing Court can go through pleadings and proceedings upto decree to know the intention of the trial court in passing decree - Yes Bhavan Vijaya and others Appellants Vs Solanki Hanuji Khodaji Mansang and another Respondent (AIR 1972 SC 1371) If the trial court is not having inherent jurisdiction or if the decree is a nullity on the face of the record, the executing court can refuse to execute the decree. No territorial or pecuniary jurisdiction, the decree is valid unless prejudice is caused. Hasham Abbas Sayyad -Vs- Usman Abbas Sayyad AIR 2007 SC 1077 If the property situated in different courts – Or.21 Rule 3 Please Refer: Mohit Bhargava Vs Bharat Bhushan Bhargava and other – (2007 (3) SCJ 735