Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Determination of Questions in Execution (Section 47 CPC)
Civil Procedure & Litigation Mechanics
Definition
A fundamental rule of civil procedure dictating that all questions arising between the parties to the suit relating to the execution, discharge, or satisfaction of the decree must be determined by the executing court itself, and not by a separate, independent suit.
Example
A judgment debtor in Nagpur claims that they repaid the entire decreetal sum directly to the decree holder in cash against a handwritten receipt; the debtor must raise this plea under Section 47 CPC before the executing court, and cannot file a separate suit to restrain execution.