Sec.47 of the c.p.c.
sudhirghabasu
(Querist) 28 November 2011
This query is : Resolved
sirs,please make me clear of the provisions regarding sec.47 of the C.P.C. How and when sec. 47 can be Invoked and what are the parameters in invoking sec.47 before the execution court. i need a clear understanding of the provision for a academical purpose. Whether fresh issues can be raised in e.p. u/s 47,if yes under what circumstances. we had filed a suit for injunction the suit was decreed against us, now we are in possession of the property, the defendant/dh had filed a e.p., Now can we ask for a partition indirectly by raising certain fresh issues u/s 47 guide me in this regard with certain case laws. thanking you.
adv. rajeev ( rajoo )
(Expert) 29 November 2011
In an ex. petition court is bound to execute the decree, it cannot go beyond decree. Issues cannot be raised in EP because decree is passed.
SEc.47 is very clear : All questions arising between the parties to the suit in which the decree was passed, or their representative and relating to the execution, discharge or satisfaction of the decree, shall be determined by the court executing the decree and not byu a separate suit.
Your suit was for injunction but not for partition, scope of the suit was limited, and it is decreed in favour of the defendant. So any questions related to execution of decree can be determined.
jitender pawaria
(Expert) 29 November 2011
In execution court is bound to execute decree but not going beyond decree. in execution you can file objection ones if you objection dismissed then no remedy available under any law and you can`t raise objection regarding partitioned of suit land.
M V Gupta
(Expert) 29 November 2011
To invoke Sec.47, there must be a question relating to the execution, discharge and satisfaction of the decree.(AIR 1956 SC 87; AIR 1935 Cal 645). Any other issues cannot be raised under that section. your suit was only for garnt of injunction against the defendant, which has been dismissed. If you want partition of the property, u must file a seperate suit for it.
