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Ramanath Mulchand Vs. Gajanan Pandurang Limaye - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberSecond Appeal No. 945 of 1919
Judge
Reported inAIR1921Bom301; (1921)23BOMLR306
AppellantRamanath Mulchand
RespondentGajanan Pandurang Limaye
DispositionAppeal allowed
Excerpt:
.....powers the court had to decide questions relating to the execution of the decree, we are of opinion that it is perfectly dear that the court had no power to deal with the decree itself......appellate judge said :the case having come before me in appeal i am in a position to treat this decree passed without jurisdiction as inoperative and to exercise the inherent powers of the court under section 151 of the civil procedure code and co refuse to the decree-holder the relief which he is seeking by way of execution. had the ease come to my notice in any other way i would have made a reference to their lordships under section 115 of the civil procedure code to set aside the decree passed upon the so-called award on the authority of velchand v. liston : air1914bom123(2) .2. in ramchandra v. jayantaa : air1921bom228 a very similar question arose, and the court said :whatever powers the court had to decide questions relating to the execution of the decree, we are of opinion that.....
Judgment:

Norman Macleod, Kt., C.J.

1. In this case a decree was passed on an award which the plaintiffs sought to execute. The trial Court directed execution to proceed. In appeal this order was set aside, and the application for execution was rejected with costs on the ground that there was no real point of difference between the parties on which a reference to arbitration could be made. The learned appellate Judge said :

The case having come before me in appeal I am in a position to treat this decree passed without jurisdiction as inoperative and to exercise the inherent powers of the Court under Section 151 of the Civil Procedure Code and Co refuse to the decree-holder the relief which he is seeking by way of execution. Had the ease come to my notice in any other way I would have made a reference to their Lordships under Section 115 of the Civil Procedure Code to set aside the decree passed upon the so-called award on the authority of Velchand v. Liston : AIR1914Bom123(2) .

2. In Ramchandra v. Jayantaa : AIR1921Bom228 a very similar question arose, and the Court said :

Whatever powers the Court had to decide questions relating to the execution of the decree, we are of opinion that it is perfectly dear that the Court had no power to deal with the decree itself. The Court executing the decree cannot deal with the question whether the decree should stand or whether it should be set aside on any of the grounds on which a decree can be set aside.

3. And it was further held that Section 151 of the Code did not give the lower appellate Court authority to interfere in the way it did. Therefore this appeal must be allowed with costs throughout, and the order of the lower Court directing execution to proceed restored.


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