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The Court noted that the executing court cannot go beyond the decree; however, in the event of an ambiguity in the decree on material aspects, it is the duty of the Court to interpret the decree in the process of giving true effect to it.
The petitioner’s submission that the documents are not immediately available/traceable is not supported by any affidavit and the application appears to have been signed only by the counsel. Thus, petitioner’s contention about absence of original documents only based on bare statement in an application cannot be straightway accepted.
“The Appellate Tribunal had adopted an unduly hyper-technical approach, thereby defeating the very object and purpose of the special statute, which was in the nature of beneficial legislation enacted to safeguard the rights and interests of senior citizens”.