House Rent Control Order " which was decided against the respondent and a decree in favour of the appellants was passed on August 23,1945 This judgment formed the basis of the argument before us that the plea of in-executability of the decree could not be raised because it was barred on the principle of res judicata The plea of res judicata is not available to the appellants as the prohibition on account of the House Rent Control Order was not against the passing of the decree but against its execution and therefore the objection to the executability could only be taken (1) 3

AIR 1930 PC 86

All India Reporter, Privy Council

Privy Council

India

Cases Referring to this Case