Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

Practice Mode:
81.

An executing court :

A: can modify the terms of the decree
B: can vary the term of the decree
C: can modify and vary the terms of the decree
D: can neither modify nor vary the terms of the decree.

The answer is: D

Explanation

The correct option is D: can neither modify nor vary the terms of the decree.

An executing court is the court that enforces or gives effect to a decree or order passed by another court. It does not have the power to modify or vary the terms of the decree, as that would amount to altering the rights and liabilities of the parties as determined by the decree. The executing court can only decide the questions relating to the execution, discharge, or satisfaction of the decree, as per Section 47 of the Code of Civil Procedure, 1908. The executing court cannot go behind the decree or question its validity or correctness.