The Supreme Court recently observed that a challenge to a decree that is a 'nullity' can be set up at any stage, including the stage of execution.

"It is well settled that if a decree is a nullity, its invalidity can be set up whenever and wherever it is sought to be enforced, even at the stage of execution as held in Kiran Singh and others vs. Chaman Paswan and others (1954 INSC 45)." , the court said.

A bench of Justice P.S. Narasimha and Justice A.S. Chandurkar set aside the Bombay High Court's order refusing execution of a trial court decree, observing that the High Court had wrongly treated the First Appellate Court's decree as enforceable. The Court clarified that once the trial court's decree was reversed in appeal, it merged with the appellate decree, but since the First App

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