Code of Civil Procedure, 1908 · Chapter II: Execution General · Questions to be determined by court executing decree
Section 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.
* * * * *
(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.]
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 47
-
MMTC Limited v. Anglo American Metallurgical Coal Pvt. Limited
Issue arose whether the High Court was justified in not entertaining the objections filed by the appellant u/s.47 CPC and in dismissing the same; and whether at least prima facie the case of breach of fiduciary duty has…
-
Sri R Raghu v. Sri G M Krishna & Anr.
The appellant has preferred Civil Appeal No.8544 of 2024 aggrieved by the two directions given by the High Court in the impugned order relating to additional payment of Rs.25 lakhs per acre to the respondent as…
-
Odisha State Financial Corporation v. Vigyan Chemical Industries and Others
The High Court dismissed the writ petition filed by the appellant u/Art.227 of the Constitution of India, challenging the civil proceedings and the orders passed by the Courts below regarding the computation of interest…
-
Electrosteel Steel Limited (Now M/S Esl Steel Limited) v. Ispat Carrier Private Limited
Whether upon approval of the resolution plan by the NCLT, the claim of the respondent being outside the purview of the resolution plan stood extinguished; whether the arbitral award dated 06.07.2018 was capable of being…
-
Periyammal (Dead) Through LRs & Ors. v. V. Rajamani & Anr. Etc.
Whether the courts below committed any error in upholding the objections raised by the respondent nos. 1 and 2 herein against execution of the decree on the claim of being in possession of the suit property in their…
-
Singh and Others v. Harpal Singh Alias Harpal Singh Chela and
A suit for confirmation of possession or in the alternative recovery of possession and injunction was filed by the predecessor in interest of the Respondents against the predecessor in interest of the Appellants. The…
-
State of Uttar Pradesh and Another v. R.K. Pandey and Another
Matter pertains to the enforceability of the ex-parte awards against the employer-State Government and the principal of the medical college, when the employer objected the authenticity of the arbitration agreement…
-
Rehan Ahmed (D) Thr. Lrs. v. Akhtar Un Nisa (D) Thr. Lrs.
Matter pertains to the correctness of the order passed by the High Court allowing the objections u/s. 47 CPC filed by the respondent no. 1, setting aside the order passed by the Executing Court and holding that the…
-
Asma Lateef & Anr. v. Shabbir Ahmad & Ors.
Whether the order dated 05.08.1991 (vide which application u/ rr.5 and 10 of Or.VIII, CPC was allowed by the Trial Court for pronouncement of judgment against defendant no.2 in the suit) suffered from a jurisdictional…
-
Pradeep Mehra v. Harijivan J. Jethwa (Since
Matter pertains to the delay being caused to the execution proceedings u/ord. XXI CPC, and the process being abused in the execution proceedings, to the peril of the decree holder.
-
Mumtaz Yarud Dowla Wakf v. M/S Badam
Objection raised by the respondents that the suit filed by the appellant as decreed, ought not to have been entertained by the Wakf Tribunal, was dismissed by the Executing Court. High Court, whether justified in…
- Jini Dhanrajgir & Anr. v. Shibu Mathew & Anr. Etc.
- Dept. v. M/S. K.L. Rathi Steels Ltd.
- Hindustan Petroleum Corporation Ltd. v. Ajay Bhatia
- Kalyan Dombivali Municipal Corporation v. Sanjay Gajanan Gharat and Another
- Vaishno Devi Construction Rep. Thr. Sole Proprietor (D) Thr. Lrs & Anr. v. Union of India & Ors.
- Dipali Biswas & Ors. v. Nirmalendu Mukherjee & Ors.
- Rahul S Shah v. Jinendra Kumar Gandhi & Ors.
- H. S. Goutham v. Rama Murthy and Anr. Etc.
- Bank of Baroda v. Kotak Mahindra Bank Ltd.
- S. P. Misra & Ors. v. Mohd. Laiquddin Khan & Anr.
- Asgar & Ors. v. Mohan Varma & Ors.
- Sneh Lata Goel v. Pushplata & Ors.
- M/S Kohinoor Transporters v. State of Uttar Pradesh
- M/S Alagu Pharmacy & Ors. v. N. Magudeswari
- Siddagangaiah (D) Thr. Lrs. v. N.K. Giriraja Shetty (D) Thr. Lrs.
- M/S Misra and Co. v. Damodar Valley Corporation
- Punjab State Civil Supplies Corporation Ltd. & Anr. v. M/S Atwal Rlce & General Mills Rep. by Its
- M/S. Brakewel Automotive Components (India) Pvt. Ltd. v. P. R. Selvam Alagappan
- Prabhakara Adiga v. Gowri & Ors.
- United Finance Corporation v. M.S.M. Haneefa
- Rajni Sanghi v. Western Indian State Motors Ltd. & Ors.
- M/S. P. Dasaratharama Reddy Complex v. Government of Karnataka and Another
- Vishnu (Dead) by L.Rs v. State of Maharashtra and Others
- Amalendu Kumar Bera & Ors. v. The State of West Bengal
- Bharat Heavy Electricals Ltd. v. R.S. Avtar Singh & Co.
- M/S. Pushpa Sahakari Avas Samiti Ltd. v. M/S. Gangotri Sahakari Avas S. Ltd. and Ors.
- Arun Lal & Ors. v. Union of India & Ors.
- C.S. Mani (Deceased) by Lr C.S. Dhanapalan v. B. Chinnasamy Naidu (Deceased) by Lrs.
- P.K. Mohan Ram v. B.N. Ananthachary and Ors.
- Coal Linker v. Coal India Limited
- Haryana Vidyut Parsaran Nigam Limited & Anr. v. Gulshan Lal & Ors.
- M/S. Century Textiles Industries Ltd. v. Deepak Jain & Anr.
- T. Gnanavel v. T.S. Kanagaraj and Anr.
- Lajpat Rai Mehta v. Secretary to Government of Punjab, Department of Irrigation & Power
- Deepa Bhargava & Anr. v. Mahesh Bhargava & Ors.
- Gulbarga University v. Mallikarjun S. Kodagali and Anr.
- Barkat Ali & Anr. v. Badri Narain (D) by Lrs.
- Hari Prasad Bhuyan v. Durga Prasad Bhuyan and Ors.
- Niyamat Ali Molla v. Sonargon Housing Co-Operative Society Ltd. & Ors.
- N.R. Constructions Pvt. Ltd. v. Sri Ram Badan Singh and Ors.
- Lagan Jute Machineries Comp Any Limited v. Candlewood Holdings Ltd. and Ors.
- Vedic Girls Senior Secondary School Arya Samaj Mandir, Jhajjar v. Smt. Rajwanti and Ors.
- Tulsan v. Pyare Lal and Ors.
- Ram Bachan Rai and Ors. v. Ram Udai Rai and Ors.
- Padma Ben Banushali and Anr. v. Yogendra Rathore and Ors.
- Balakrishnan v. Malaiyandi Konar
- Rekha Mukherjee v. Ashis Kumar Das and Ors.
- Jaya Chandra Mohapatra v. Land Acquisition Officer, Rayagada
- Chandi Prasad and Ors. v. Jagdish Prasad and Ors.
- Raj Kumar v. Sardari Lal
- Mallikarjun v. Gulbarga University
- M. Anasuydevi and Anr. v. M. Manik Reddy and Ors.
- Arm Group Enterprises Ltd. v. Waldorf Restaurant and Ors.
- Municipal Corporation of Delhi and Ors. v. Intnl. Security & Intelligence Agency Ltd.
- Sarwan Kumar and Anr. v. Madan Lal Aggarwal
- Pratibha Singh and Anr. v. Shanti Devi Prasad and Anr.
- Government of Orissa v. M/S. Ashok Transport Agency and Ors.
- Sri Swami Krishnanand Govindanand v. M/S. M.D. Oswal Hosiery (Regd.)
- Bansilal and Ors. v. Mohammad Israil and Ors.
- Narayan Govind Hegde v. Kamalakara Shivarama Hegde and Anr.
- Krishna Gopal Chawla and Ors. v. State of U.P. and Anr.
- Dhurandhar Prasad Singh v. Jai Prakash University and Ors.
- Lakshmi Narayanan v. S.S. Pandian
- M.V. Al. Quamar v. Tsavliris Salvage (International) Ltd. and Ors.
- Monotosh Kumar Mitra (Dead) by Lrs. v. Amrendranath Shaw (Dead) and Ors.