Welcome back to Caseon!
Log in today and discover expertly curated legal audios and how our AI-powered, tailor-made responses can empower you to navigate the complexities of your case.
Stay ahead of the curve—don’t miss out on the insights that could transform your legal practice!
As per case facts the petitioner suffered an ex-parte decree from the trial court and multiple attempts to set it aside or appeal against it due to significant delays were
...dismissed Subsequently the execution petition was filed leading the petitioner to file an application under Section of the Code of Civil Procedure The question arose whether a judgment and decree not conforming to Order Rule of the Code of Civil Procedure could be considered a nullity and attacked in execution proceedings Finally the High Court held that non-conformity with procedural requirements like Order Rule renders a judgment irregular not a nullity especially when the trial court possessed inherent jurisdiction Such an irregularity can only be challenged in appeal or review not in execution under Section CPC All prior attempts to challenge the decree having failed the current petition was dismissed
Legal Notes
Add a Note....