Venkatasubba Rao, J.

1. This appeal raises the difficult question as to the power of an executing Court to pronounce upon the validity of the decree which it is called upon to execute. In this case, on behalf of the minor third defendant, it was contended, that as he had been represented in the suit by his father whose interest was adverse to his own, the decree passed was a nullity and could not therefore be executed. This point was taken at the stage of execution and the lower Court held that it has no power to go into that question. The correctness of this view is challenged before us and we have had long and learned arguments on the point.

2. I do not think I can do better than refer at the very outset to the oft-quoted case of Kalipada Sarkar v. Hari Mohan Dalal I.L.R. (1916) 44 Cal. 627. The decree in that case was one passed against a lunatic represented by a minor as his next friend and the learned Judges rightly treated that decree as a nullity. That being granted, the question arose whether an objection to its validity could be raised in proceedings in execution : Mukerji and Cuming, JJ., held that the Court executing a decree must take the decree as it stands and h