( 1 ) IN a civil suit before High Court parties entered into a compromise on 19-8-71 and a decree was passed on 22-8-71. Decretal sum was agreed to be paid in instalments. After some payment there was default and D. H. applied for execution. J. D. s raised objections and claimed that the decree was passed by fraud. Issues were framed and the case was set down for recording of evidence. D. H. then made an application that decree cannot be questioned in execution proceedings and also that evidence was not necessary. After narrating above facts, judgement para 4 onwards is :

( 4 ) MR. R. L. Aggarwal, had contended that the objections under section 47 of the Code of Civil Procedure can only relate to the execution, discharge or satisfaction of the decree ; in other words the question as to the correctness or validity of the decree cannot be gone into in execution proceedings. According to him, the question as to the validity of the decree is not one in execution, or about the discharge or satisfaction of the decree and can be gone into only by way of a separate suit and not in execution proceedings. However, an exception has been made, urged the counsel that the validi