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J. J. MUNIR
Sam Higginbottom Institute Of Agriculture Technology And Science – Appellant
Versus
Acurite Contractors Engineers – Respondent
JUDGMENT :
J.J. Munir, J.
1. This revision is directed against an order passed by the learned Civil Judge (Sr. Div.), F.T.C., Prayagraj dated 27. 09.2023 in Misc. Case No.8 of 2020, rejecting the judgment debtor's objection under Section 47 read with Section 151 of the Code of Civil Procedure, 1908 (for short, 'the Code'), seeking to set aside the decree dated 21.02.2018 passed in Original Suit No.1014 of 2012.
2. The facts giving rise to this revision are these:
Sam Higginbottom Institute of Agriculture, Technology and Sciences, Naini, Allahabad (formerly the Allahabad Agricultural Institute Deemed University) awarded a works contract for some construction work to be done on their premises to M/s. Acurite Contractors & Engineers, Banjara Hills, Hyderabad, a partnership firm. The former shall hereinafter be called 'the judgment debtor' and the latter 'the decree holder'. For the purpose of giving effect to their covenants carried in the works contract, the decree holder and the judgment debtor signed a memorandum of understanding dated 19.12.2006, where both parties agreed that the total value of the work, to be executed under the contract by the decree holder, would be Rs.26,32,72,391
Objections under Section 47 of the Code of Civil Procedure are limited to execution matters and cannot substitute an appeal, as the executing court cannot review the merits of the trial court's judgm....
The court ruled that a defendant's failure to comply with conditions of leave under Order XXXVII Rule 4 justifies the decree, and the application to set aside the decree was not competent as it was n....
An execution petition cannot contest the merits of a decree when jurisdiction was previously established, reaffirming that challenges must focus on inherent jurisdictional defects.
(1) Failure to present written statement – Court is not supposed to pass a mechanical judgment invoking Rule 10 of Order VIII, CPC merely on the basis of plaint, upon failure of a defendant to file a....
An irregular judgment cannot be deemed a nullity and contested in execution; it must be challenged through proper legal channels, affirming that only decrees lacking inherent jurisdiction are non-exe....
The appellate court can validate or invalidate a decree based on the jurisdiction exercised, distinguishing between errors within jurisdiction and those that constitute a nullity due to inherent lack....
The executing court has the jurisdiction and power to decide all questions relating to execution, discharge, and satisfaction of the decree under Section 47 CPC. However, the court must consider all ....
The Executing Court's jurisdiction under Section 47 of the Code of Civil Procedure is limited to executability issues, and merit-based challenges to decrees are not permissible.
The executing court cannot go behind the decree unless it is a nullity, and re-agitating objections already dismissed in a previous petition would amount to an abuse of process of law.
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