B. L. HANSARIA, J.

( 1 ) A decree obtained from the trial Court and upheld by the first and second appellate (or revisional) Courts cannot be allowed ordinarily and normally to be defeated at the execution stage, because that would render all the previous effort and exercise futile. Time, money and energy of everybody would be a loss. Decrees obtained from Courts of competent jurisdiction cannot be allowed to be rendered paper tigers; they have to be treated as alive and kicking. The only exception known to law in this regard is where a decree can be said to be a nullity, the reason for the same being that there would really be no decree to execute; and it is because of this that the executing Court would not incur the reproach that it is going behind the decree. This is well established law and if any citation is needed the same is Sunder Dass v. Ram Parkash, AIR 1977 SC 1207, in paragraph 3 of which this enunciation finds place.

( 2 ) THE important question is as to when a decree can be said to be a nullity. This question too is no longer res integra as right from Kiran Singh v. Chaman Paswan, AIR 1954 SC 340 : (1954 All LJ 551) it has been stated that a decree passed by a Court