SUKHENDRA SINGH Vs. KISHORI DEVI

JUDGEMENT

(1.) This is a second appeal of the judgment, debtor against the appellate order of Sri A.P. Bhatnagar, Civil Judge, Hardoi, dated the 3rd February, 1951.

(2.) It appears that the respondent decree-holder is none other than the wife of the judgment-debtor. She obtained a decree for maintenance of Rs. 400 per year, in a suit on 10th January 1949. The amount was payable in two instalments, in May and November of each year. The appellant judgment debtor made default and accordingly on 3rd July 1950, an application for execution was given. The judgment debtor objected to the execution on the ground that the decree-holder was not residing with her brother and mother and was unchaste. The executing Court rejected the objection on the ground that the Court could not go behind the decree which was unconditional. The lower appellate Court agreed with the view taken by the executing Court and dismissed the appeal.

(3.) It has been urged before me that the view taken is wrong, that the objection relates to the executability of the decree and not to its validity and that in any case the application should have been converted into a suit under Section 47 (2), Civil P. C. I have heard the learned counsel and am satisfied that the decision of the lower Court is correct.