What questions are to be decided by a court executing a decree and not by a separate suit.

Question: What questions are to be decided by a court executing a decree and not by a separate suit.

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Answer

Section 47 of the Code of Civil Procedure, 1908 applies to matters arising subsequent to the passing of the decrees; and deals with the objections to execution, discharge and satisfaction of the decree. It lays down the principles that matters relating to the execution, discharge or satisfaction of a decree arising between the parties.

Essentials of Section 47

The following conditions must be satisfied for the application of Section 47:

(1) The question must be one arising between the parties to the suit in which the decree is passed or their representatives, it is not necessary that parties to the suit must be in a position of plaintiff and defendant, for in a partition suit co-defendants may be opposed to each other.

(2) 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.

It also states that 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.

The object of section 47 is to check needless litigation and to enable parties to obtain adjudication of question relating to execution without unnecessary expense or delay, which, a fresh trial might entail. It enacts that the question specified in the section shall be tried in execution and not by a separate suit. It covers all matters connected with the execution of decree between the parties.

The following are examples of such questions –

1. Property taken in execution of decree subsequently amended.
2. Property taken in execution of ex parte decree set aside.
3. Objections to attachment or sale by parties.
4. Compromise of a decree
5. Agreement to execute a decree.
6. Substituted share
7. Accretion to mortgaged property
8. Decree for possession
9. Validity of assignment of a decree
10. Setting aside sale on the objection of judgment debtor.

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