Execution Proceedings -- Objections Not Raised at Trial -- Cannot be reopened in execution unless decree void
Civil Procedure Code, 1908, S.47 -- Execution Proceedings -- Objections Not Raised at Trial -- Issues which could only have been decided at trial cannot be reagitated in execution proceedings unless the judgment debtor establishes that the decree is void and inexecutable on its face. Execution is not a forum for issues for which a party has a remedy of appeal, revision or review. Non-impleadment of a partnership firm as landlord does not render an eviction decree void, since the firm name is a collective description of its partners.
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