CS Professional · Drafting, Pleadings and Appearances · Pleadings
A decree was passed in a suit between Vikram Ltd and Sundar. Later Sundar disputes whether the decree has been fully satisfied. Under Section 47 of the Code of Civil Procedure, 1908, where must this dispute be decided?
The dispute must be decided by the Court executing the decree, not in a separate suit. Section 47(1) covers questions between the parties or their representatives relating to execution, discharge or satisfaction of the decree.
- AIn a separate suit between the parties
- BBy the Court executing the decreeCorrect
- COnly by the Court of first appeal
- DBy arbitration compulsorily
Explanation
Section 47(1) provides that questions between the parties to the suit or their representatives relating to execution, discharge or satisfaction of the decree are determined by the executing Court and not by a separate suit. A separate suit is therefore barred.
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