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Judgment
LEAVE granted.
IN execution of a decree for a mere declaration, the executing court has directed recovery of some money from the appellant-State of Punjab. Although no consequential relief was claimed in the suit nor was it granted in the decree, yet the decree was put in execution and the executing court directed recovery of a certain amount calculated as the consequential relief flowing from the mere declaratory relief granted by the decree. The High court has dismissed the revision in limine without even adverting to this aspect. Hence, this appeal by special leave.
IT is obvious that the executing court had no jurisdiction to direct the recovery of any amount which was not granted by the decree under execution since the decree was for a mere declaration. The order of the executing court being without jurisdiction, it was the duty of the High court to have corrected that error of jurisdiction. However, the High court has failed to do so.
CONSEQUENTLY, the appeal is allowed. The impugned orders of the High Court as well as the executing court are set aside.
NO costs.