Section 47
Questions to be determined by the Court executing decree.
The Code of Civil Procedure, 1908
About this Act
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.
(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.]
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.]
Notes
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).
2. Subs. by s. 20, ibid, for the Explanation (w.e.f. 1-2-1977).