An executing court can go behind the decree where ........

Civil Procedure Code (CPC) 1908 Judgment and Decree

An executing court can go behind the decree where:

the decree has been passed without jurisdiction – pecuniary, territorial or subject matter

the decree is a nullity having been passed against a dead person without bringing his legal representatives on the record

where the decree is ambiguous

all the above.

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Explanation:

- Option 1: A court can indeed examine if a decree was passed without jurisdiction. If the court lacked jurisdiction—whether pecuniary, territorial, or subject matter—the decree is invalid.

- Option 2: If a decree was passed against a deceased person without involving legal representatives, it is a nullity. Courts can then revisit the decree.

- Option 3: Ambiguity in a decree lets the court interpret and examine it. However, going "behind a decree" typically involves more fundamental defects.

- Option 4: All the above scenarios justify going behind a decree, making option 4 the inclusive choice.

Correct Answer: Option 4 - all the above