An objection to the execution of a decree on the ground of nullity must be raised at the appropriate stage and cannot be raised belatedly after the objector has participated in the proceedings and submitted to the jurisdiction of the court.

( 1 ) THE order dated 18 10 93 rendered by IV Additional judge to the Court of District Judge, Indore in MJC No. 10/93 thereby dismissing the objection of the petitioner preferred under Section 47 and section 151 of the Code against the execution of the exparte decree on the ground of nullity is under challenge in this revision petition preferred under Section 115 of the Code of Civil Procedure (for short, 'the code' ).

( 2 ) FACTS are jejune. The ex parte money decree was passed against the petitioner in ( OS No. 39-B/87 on 12-7-89 Thereafter, the decree was transferred to the Court at Sagar for its execution. The petitioner objected to the execution on the linchpin that the suit transaction was covered under section 64 (1) (c) of the M- P. Co-op. Societies Act and as such it was not triable in Civil Court and barred in terms of Section 82 of this Act. On this rulcrumy' it was contended that the court which passed the decree lacked jurisdictionsl competence to take cognizance of the matter presented in the suit and as such the decree being without jurisdiction, was null and void. The other side oppugned the contention and criticised the conduct of the petitioner. It was pointed out that in the suit an order was passed in 1988 to proceed ex pane against the petitioner. On an application being made this order was latter on set aside and the proceedings were resumed biparte later, the petitioner again absented itself as a result of which an ex parte decree was passed on 12. 7. 89 The petitioner then took recourse to the proceedings under Order 9 rule 13 of the Code but later, these proceedings also stood anaesthetized on account of the default of prosecution. At Sagar the petitioner took objection under Section 47 of the Code as regards untenability of the execution, being not in conformity with and in excess of the certificate of transfer on the question of quanturn of interest. The petitioner thus participated and submitted to the jurisdiction. It is different matter that the objection on scrutiny was overruled and held to be non-meritorious. The order dismissing objection was upheld by the High Court. Tersely stated, the petitioner did not cboose to attack the enforceability of the decree on the ground of nullity.

( 3 ) LATER the objection on the basis of provisions of M. P. Co-op. Societies Act was raised in Indore Court The Court at Indore. however, rejected the objection by the impugned order. It is, this order which is under challenge in this revision petition.

( 4 ) I have heard Shri A. . K. Sethi learned counsel for the petitioner on the question of admission of this revision petition in detail.

( 5 ) THE counsel urged that the executing court erred in disallowing the objection and acted in the exercise of its jurisdiction illegally or with material irregularity, The thrust of the submission was that invalidity, when lucalent and lligable was not capable of being validated by initial silence or belated impugnment. It was urged that the objection was sustainable on the face of decree without probe and suffered no infirmity on the doctrine of Constructive resjudicata either.

( 6 ) IN pursuant, the counsel sought shelter under the umbriferous umbrella of certain decisions. He placed reliance on (I) Kiran Singh and others v. Chaman Paswan and others. AIR 1954 SC 340, (2) Sunder Das v. Ram Prakash, AIR 1977 SC 1201, (3) Union of India v S. B. Singh, AIR 1988 all 225, (4) Deepchand v. Sampathraj, AIR 1970 Ori 36, (5) Mandal Co-op. Marketing Soc v. Kailash Narain, 1966 JLJ SN 92. (6) Keshwa Narain v. Mandal Co-op Marketing Soc. and others, 1970 JLJ SN 3 and (7) Sahdeo prasad Verma v. Dr. Rajaram and others. AIR 1984 All 169.

( 7 ) THERE can be no quarrel, with the proposition of law as contained in the authorities. But every decision is an authority only for what it actually decided. At bottom, every case turns, as it must, on its own peculiar facts.

( 8 ) THIS is then the time to turn to the grounds on which