PART II EXECUTION · QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE

Section 47: Questions to be determined by the Court executing decree

The Code of Civil Procedure, 1908

(1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.

¹* * * * *

(3) Where a question arises as to whether any person is or is not the representative of a party, such question shall, for the purposes of this section, be determined by the Court.

²[Explanation I.—For the purposes of this section, a plaintiff whose suit has been dismissed and a defendant against whom a suit has been dismissed are parties to the suit.

Explanation II.—(a) For the purposes of this section, a purchaser of property at a sale in execution of a decree shall be deemed to be a party to the suit in which the decree is passed; and

(b) all questions relating to the delivery of possession of such property to such purchaser or his representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree within the meaning of this section.]

State Amendment (as printed in the official text)

Uttar Pradesh

Amendment of section 47.— In section 47 of the principal Act, Explanation II inserted by the U. P. Civil Laws (Reforms and Amendment) Act, 1954, shall be omitted.

[Vide Uttar Pradesh Act 57 of 1976, s. 3]

Limit of time for execution

Footnotes in the official text

1.Sub-section (2) omitted by Act 104 of 1976, s. 20 (w.e.f. 1-2-1977).
2.Subs. by s. 20, ibid. for the Explanation (w.e.f. 1-2-1977).

Questions on this section

2 questions in 12 of our papers cite Section 47. Try these from the free papers:

1. Consider the following statements: 1. No decree shall be reversed or substantially varied in appeal on account of a misjoinder of parties that does not affect the merits of the case or the jurisdiction of the Court. 2. Section 99 CPC saves a decree from reversal even where a necessary party has not been joined. 3. An order under Section 47 CPC shall not be reversed or substantially varied for an error, defect or irregularity in the proceeding unless it has prejudicially affected the decision of the case. Which of the statements given above is/are correct?
2. With reference to Section 47 of the CPC, consider the following statements: 1. A plaintiff whose suit has been dismissed is a party to the suit for the purposes of Section 47. 2. A purchaser of property at a sale in execution of a decree is deemed to be a party to the suit in which the decree was passed. 3. Questions relating to delivery of possession of such property to the auction-purchaser must be decided by a separate suit and not by the executing Court. Which of the statements given above is/are correct?

Practise questions on Civil Procedure Code