AI Structured Summary
Not yet generated for this judgment
Judgment
We think this case must go back. The learned Munsif thought he had nothing to do with the meaning of the word "chhaja." The learned Subordinate Judge, on appeal, did not quite take that view, but he proceeded on the word "chhaja." This is, in our opinion, erroneous.
It is quite true that an executing Court cannot go behind the decree; but it is well established that that Court ought to interpret the decree when an application for execution is placed before it, and, for that purpose, it ought to refer to the pleadings in the case and to the judgment passed by the Court.
We allow the appeal, set aside the orders passed by the Courts below and remand the case to the lower appellate Court for disposal according to law. Costs are reserved and will be dealt with by the learned Judge in the Court below.