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Bare acts > Code of Civil Procedure, 1908 > Section 47
 
   


 

47. 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.

(2) omitted by Act 104 of 1976. effective from 1-2-1977
(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 ll: (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 degree 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.

STATE AMENDMENT

UTTAR PRADESH.- In Section 47 of the principal Act, Explanation II inserted by the UP. Civil Laws (Reforms and Amendment) Act, 1954 (UP. Act, 24 of 1954), shall he omitted. – U.P. Act 57 of 1976, S. 3. (1.1.1977).

 

 

 

 

 

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