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

Civil

Summary

Any dispute that comes up between the people involved in the original lawsuit (or their legal representatives) about how the court’s order should be carried out, paid off, or completed must be decided by the court that is handling the execution of the order—not through a separate new lawsuit. If there is a question about whether someone is or is not a legal representative of a party, that question is also decided by the same executing court. For this rule, a person whose lawsuit was dismissed and a person against whom a lawsuit was dismissed are both considered parties. Also, someone who buys property at a court-ordered sale to enforce the decree is treated as a party to the original lawsuit, and any issues about giving possession of that property to the buyer are treated as execution-related questions.

Official 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 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.