JUDGMENT :- It is contended in this appeal that although the High Court passed a decree in a suit on a mortgage for the recovery of the principal amount of Rs. 60,000/- together with interest and further ordered that future interest after the date of the decree should be at the rate of 4% the executing Court cannot order future interest on the ground that to do so would be to violate the provisions of Section 23 of the Bombay Money Lenders Act, which prohibits the award of interest exceeding the principal amount. It is also contended that under the provisions of Section 23 of the Money Lenders Act, the executing Court cannot pass a decree for interest exceeding the principal amount at the date of the decree.

2. It is not necessary to consider whether this contention has merit or not in view of the principle that it is not open to the executing Court to question the terms of the decree or to question the validity of any part of the decree. It is not open to the executing Court to say that a part of the decree violates the provisions of sec. 23 of the Money Lenders Act and therefore should not be executed. There is authority for this view in the declaration of law made by the Supreme

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