Ramlal Vs. Radhey Lal and anr. - Court Judgment
|Court||Allahabad High Court|
|Judge||Brodhurst and; Duthoit, JJ.|
|Respondent||Radhey Lal and anr.|
execution of decree - powers of court in executing transmitted decree--civil procedure code, sections 228, 239. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are established and.....duthoit, j.1. the order of the lower appellate court cannot be maintained. the powers which the foreign court has, under 8 228 of the code of civil procedure, are confined to the execution of the decree. it cannot question the propriety or correctness of the order directing execution, nor can it (section 239 of the code) stay execute in except temporarily.2. we reverse the order of the lower appellate court and restore the order of the court of first instance.
1. The order of the Lower Appellate Court cannot be maintained. The powers which the foreign Court has, under 8 228 of the Code of Civil Procedure, are confined to the execution of the decree. It cannot question the propriety or correctness of the order directing execution, nor can it (Section 239 of the Code) stay execute in except temporarily.
2. We reverse the order of the Lower Appellate Court and restore the order of the Court of First Instance.