Motilal Gupta Versus Gaya Prasad (since deceased) and others

Madhya Pradesh High Court (Single Judge)

MP, 4998 of 2018, Judgment Date: Oct 22, 2018

Law laid down -

It is no longer res integra that an executing Court can neither travel behind decree nor sit in appeal over the same. It is only in limited cases where the decree is passed by a Court lacking inherent jurisdiction or is a nullity that the same is rendered non est and is thus un- executable. An erroneous decree cannot be equalled with one which is nullity.

Motilal Gupta Versus Gaya Prasad (since deceased) and others