Mohamed v Khan (C.A. 18/1929.)
Mohamed v Khan (C.A. 18/1929.) [1929] EACA 116 (1 January 1929)
The court held that the power conferred by section 249 of the Indian Civil Procedure Code, 1882, to make such order as it thinks fit on objections to execution, is not unlimited and must be exercised within the confines of section 244. Section 244 restricts the court's jurisdiction in execution proceedings to questions relating to the execution, discharge, or satisfaction of the decree. Allegations of fraud go to the validity and subsistence of the decree itself and cannot be adjudicated in execution proceedings. The proper procedure, when fraud is alleged, is for the court to stay execution…
Source excerpt
- Execution Of Decrees
- Fraud In Judgment
- Scope Of Execution Proceedings
- Powers Of Court
- Procedure For Objections
- Setting Aside Decree