Suit for partition and possession
Decree passed in 2005 and become final
No one challenge the decree
execution petition was filed
now in July 2019 A person other than the parties to the suit filed objection under section 47 of CPC for set aside the judgment nd decree passed in 2005
who claims that he purchased the suit property from the (defendant) judgment debtor during the pendency of the suit
wether a person other than the parties to a suit can file objection in execution petition under section 47 of CPC
i am for thr Decree holder
Is His application under section 47 is maintainable or not? if not, plz provied some citation on that facts
Repeated query
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.
Only the paries to the suit can file application under section 47 CPC.
If some want to challenge the decree he can file suit to set aside the judgment and decree by filing a suit not by objecting decree.
