Explain the phrase “An Executing Court must execute the Decree as it is”. Describe the circumstances when an executing court can go behind the decree?

The phrase “An executing court must execute the decree as it is” means that an executing court, which is a court that is responsible for enforcing a judgment or decree, must carry out the terms of the decree as they are written. The executing court does not have the authority to modify or change the terms of the decree.

There are certain circumstances in which an executing court may go behind the decree and consider matters that were not addressed in the original judgment. For example, if the decree does not specify how a particular asset should be divided, the executing court may need to determine the most appropriate way to distribute the asset. In such cases, the executing court may need to consider additional evidence or arguments from the parties in order to make a fair and just decision.

Another circumstance in which an executing court may go behind the decree is if there are issues with the enforcement of the decree. For example, if the decree requires the defendant to pay a certain amount of money to the plaintiff, but the defendant does not have the funds to do so, the executing court may need to consider alternative remedies, such as seizing the defendant’s assets or garnishing the defendant’s wages.

It is important to note that an executing court has a limited role in the legal process and cannot re-litigate issues that have already been decided by the court that issued the decree. The executing court’s primary responsibility is to enforce the terms of the decree as they are written.