Vasudev Dhanjibhai Modi v. Rajabhai Abdul Rehman
AIR 1970 SC 1475 · Supreme Court of India
The executing court cannot go behind the decree; it must take the decree as it stands unless the decree is a nullity.
Unit III · Civil Procedure Code and Law of Limitation
Execution of decrees (Order XXI)
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Code of Civil Procedure, 1908 | 36–42 | Execution in general and by courts of another jurisdiction |
| Code of Civil Procedure, 1908 | 47 | Questions to be determined by the court executing the decree |
| Code of Civil Procedure, 1908 | 51 | Powers of court to enforce execution |
| Code of Civil Procedure, 1908 | O. XXI | Execution of decrees and orders |
Landmark cases
Merla Ramanna v. Nallaparaju
AIR 1956 SC 87 · Supreme Court of India
A decree for possession can be executed against a person bound by it; questions relating to execution, discharge or satisfaction fall under section 47.
Topandas v. Gorakhram Gokalchand
AIR 1964 SC 1348 · Supreme Court of India
Objections to the executability of a decree that go to jurisdiction may be raised in execution, but the executing court is not an appeal court.