2023 MLD 339
No doubt the executing Court cannot go behind or beyond the decree, but at the same time all ancillary questions arising out of the decree have to be decided by the learned executing Court as has been enunciated under section 47 of the Code, 1908.
In the present case, as stated above, no detail of the plots with specification except 13 plots has been incorporated in the agreement to sell, on the basis of which the ex parte decree dated 20.03.2008 was passed; thus, before proceeding further, the learned executing Court should have considered and determined that which plots were agreed to be transferred in favour of the decree holder(s) and whether the decree is executable or not, in the given circumstances.
Pursuant to the above discussion, it is held the learned subordinate Courts while passing the impugned orders have failed to exercised vested jurisdiction as per mandate of law and have erred in declining the plausible supplication of the petitioner oozing in application filed under section 47 read with Order XXI, Code of Civil Procedure, 1908; thus, the impugned orders are not sustainable in the eye of law.
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