VIDYA BAI Vs. MATHRA DASS

JUDGEMENT

(1.) IN the execution proceedings, the petitioner raised objections that she was not served in the trial Court or the appellate Court and, therefore, the decree was a nullity and inexecutable against her and that she was a direct tenant under the mortgager-decree holder. None of the objections was maintainable or could be taken notice of by the executing Court. The decree is an ex parte decree against the objector. If she had not been properly served, the remedy available to her was to get the ex parte decree set aside by the trial Court or to go up in appeal against that in the appellate Court or to file a suit to get it set aside on the basis of fraud. The execution Court cannot hold the decree to be invalided on this ground. Similarly the plea that she was a tenant could only be raised in the suit and it is not open to the executing Court to hold the decree as inexecutable when the tenancy is alleged to be from the period prior to the filing of the suit. No fault, therefore, can be found with the order of the executing Court and this petition is accordingly dismissed. No costs.