Section 47 of The Code of Civil Procedure, 1908
Questions to be determined by the Court executing decree.
- (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 1.-- 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.]
Summary
- The court carrying out a decree must decide all questions that come up between the parties regarding the process.
- This includes questions about whether the decree has been properly performed or if the debt is satisfied.
- These issues must be handled by the executing court and cannot be started as a brand-new separate lawsuit.
- If there is a dispute over who represents a deceased party, the executing court decides that as well.
- Parties include those whose cases were dismissed and even people who bought property at the court sale.
- Disputes about delivering property to a buyer at a court sale are also decided here.
Practical examples
FAQ
1. Can I file a new lawsuit if I disagree with how a decree is being executed under Section 47 of The Code of Civil Procedure, 1908?
No, Section 47 requires that all questions relating to the execution, discharge, or satisfaction of the decree be determined by the executing court, not a separate suit.
2. Who counts as a "party" under Section 47 of the 1908 civil law?
This includes the original plaintiffs and defendants (even if their case was dismissed) and anyone who purchased property during the execution sale.
3. What happens if a person dies and there is a dispute about their representative in Section 47 proceedings?
The court executing the decree has the power to determine who the legal representative is for the purposes of that section.
Test yourself
1.According to Section 47 of The Code of Civil Procedure, 1908, questions relating to the satisfaction of a decree must be decided by which court?
2.Under Section 47 of The Code of Civil Procedure, 1908, who is specifically deemed to be a party to the suit?
3.Does Section 47 of the 1908 civil code allow a separate suit to determine if a decree has been discharged?
4.If a suit was dismissed against a defendant, are they still a "party" under Section 47 of The Code of Civil Procedure, 1908?