CPC 47 — Questions to be determined by the Court executing decree

Code of Civil Procedure, 1908

Statutory text

(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.

   *
(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.

[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.]
LIMIT OF TIME FOR EXECUTION
48. [Execution   barred   in   certain   cases.]   Rep.   by   the   Limitation   Act, 1963   (36 of 1963), s. 28
(w.e.f. 1-1-1964).
TRANSFEREES AND LEGAL REPRESENTATIVES

Back to CPC