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TMI Blog2017 (3) TMI 1062X X X X Extracts X X X X X X X X Extracts X X X X ..... smiss such application as not maintainable. By the order impugned, the High Court has affirmed the determination made to the same effect by the Executing Court. 3. We have heard Mr. J.S. Bakshi, learned counsel for the appellant and Mr. M.P. Parthiban, learned counsel for the respondent. 4. The genesis of the present lis is traceable to Civil Suit (OS) No. 1690 of 2010 instituted before the High Court of Delhi at New Delhi by the appellant against the respondent arrayed as the proprietor of M/s. Kargaappa Auto Products and M/s Paans Auto Products for recovery of Rs. 20,94,953/- arising from business transactions between the parties. While the appellant described itself to be a company registered under the Companies Act, 1956 and engaged in the business of manufacture and sale of auto components/parts, the respondent was introduced as the proprietor of the afore-named proprietorship firms. According to the appellant, the respondent approached it in the month of November, 2002 for a business deal and on the basis of the bargain entered into, it supplied auto components and parts to the respondent, as per the specifications mentioned and raised bills in connection therewith. 5. As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Auto Products and not M/s. Kargaappa Auto Products, as recited in the plaint. The respondent alleged fraud as well and contended that the appellant was guilty of suppression of material facts of rejection of its goods. Further, he also alleged collusion and connivance between his counsel and the appellant for which the former deliberately abstained from taking necessary steps to ensure his effective representation in the suit, thus resulting in the ex-parte decree. 8. He pleaded that on receiving the summons in the suit, necessary instructions were conveyed to his counsel at Delhi to appropriately contest the proceeding, but the latter refrained from either filing the written statement or from taking necessary steps resulting in his default for which ultimately, the suit was decreed. According to him, though he was in touch with his counsel at Delhi through his counterpart at Chennai, he was being given the impression that there was no progress in the suit and that he would be duly informed about any substantial development therein whenever the same would occur. The respondent contended that it was in February/March, 2014, when he and his local counsel grew suspicious of the evas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ducts or non-impleadment of his wife as the sole proprietress thereof was wholly inconsequential qua the aspect of executability of the decree. The allegation of suppression of any material fact, as alleged was denied. The accusation of collusion between the learned counsel for the respondent and the appellant was stoutly denied as well. It was pointed out that the fact of filing of appeal preferred by the same counsel against the decree belied the allegation of dereliction of duty as unfounded. Underlining the inexplicable delay and inaction of three years on the part of the respondent in filing the review petition, it was contended that the resistance to the executing proceedings was only with the objective of protracting the proceedings to his advantage on flimsy and frivolous grounds. 13. The respondent next filed an affidavit on the same lines as narrated in his counter and the application under Section 47 CPC and sought to supplement the same by producing documents to that effect by way of oral and documentary testimony of the pleaded facts. The appellant in its rejoinder did object to this initiative on the part of the respondent as impermissible, being beyond the purview o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned counsel for the respondent has insisted that in the teeth of incorrect name of one of the firms and non-representation thereof by its rightful proprietor, the decree which is composite in nature, has been rendered inexecutable. He further argued that as the decree is an yield of fraud and collusion between the learned counsel for the respondent and the appellant, it is non est in law and thus the impugned order which only permits an inquiry in these aspects, is well within the purview of Section 47 CPC and therefor no interference therewith is called for. 18. The materials on record and the arguments based thereon have received our due consideration. To recapitulate, the plaint discloses that the respondent had represented before the appellant to be authorised to act on behalf of both the firms and in that capacity had participated in the transactions that followed. In that perspective, even assuming that the name of one of the firms was wrongly mentioned and that in fact, it is the wife of the respondent, who is the proprietress thereof, with whom there is no conflict of interest, these in our comprehension per se, would not render the decree void or inexecutable. Such erro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd does not contemplate any adjudication beyond the same. A decree of court of law being sacrosanct in nature, the execution thereof ought not to be thwarted on mere asking and on untenable and purported grounds having no bearing on the validity or the executability thereof. 21. Judicial precedents to the effect that the purview of scrutiny under Section 47 of the Code qua a decree is limited to objections to its executability on the ground of jurisdictional infirmity or voidness are plethoric . This Court, amongst others in Vasudev Dhanjibhai Modi vs. Rajabhai Abdul Rehman and others 1971 (1) SCR 66 in essence enunciated that only a decree which is a nullity can be the subject matter of objection under Section 47 of the Code and not one which is erroneous either in law or on facts. The following extract from this decision seems apt: "A Court executing a decree cannot go behind the decree between the parties or their representatives; it must take the decree according to its tenor, and cannot entertain any objection that the decree was incorrect in law or on facts. Until it is set aside by an appropriate proceeding in appeal or revision, a decree even if it be erroneous is still ..... X X X X Extracts X X X X X X X X Extracts X X X X
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