It must be borne in mind that the jurisdiction under section 47 of the C.P.C. conferred on the Executing court is limited and narrow. The liberty to object to the executability and enforceability of a decree by raising objections before the executing court, does not mean that the objector can re-open the matter and the proceedings. That is not intended by the Legislature. He is not permitted to urge such pleas and matters which would require re- opening of the decree on concluded issues. In other words, this jurisdiction cannot be equated with that of an Appeal or Review. It being extremely limited and narrow, the objections must fall within the ambit and scope of the same. If they fall outside the purview of the said limited power, then, the executing court is not empowered to take note of them.
Bombay High Court
Smt.Savitribai A. Salvi vs Smt.Suman Navgire.
Bench: S.C. Dharmadhikari
JUDGEMENT PRONOUNCED ON 12th June 2009
