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As per case facts, the petitioner suffered an ex-parte decree from the trial court, and multiple attempts to set it aside or appeal against it due to significant delays were
...dismissed. Subsequently, the execution petition was filed, leading the petitioner to file an application under Section 47 of the Code of Civil Procedure, 1908. The question arose whether a judgment and decree not conforming to Order 20 Rule 4(2) of the Code of Civil Procedure, 1908, could be considered a nullity and attacked in execution proceedings. Finally, the High Court held that non-conformity with procedural requirements like Order 20 Rule 4(2) renders a judgment irregular, not a nullity, especially when the trial court possessed inherent jurisdiction. Such an irregularity can only be challenged in appeal or review, not in execution under Section 47 CPC. All prior attempts to challenge the decree having failed, the current petition was dismissed.
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