Vidhara

The Code of Civil Procedure, 1908

§47Questions 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 I.—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.]

State amendments

This section has been amended in its application to Uttar Pradesh. The text above is the central provision and is what applies everywhere else — these amendments are law only in the State that made them.

Reproduced from the same official PDF as the section above, as the amending Act words it — not a consolidated State version of the section. Check the source before relying on it.

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Source & version

Official text: India Code (official)

Official India Code text: The Code of Civil Procedure, 1908 (5 of 1908), English PDF (bitstream 123456789/2191/1/A190805.pdf, 3,275,360 bytes, sha256 8849fc32…) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-07-29. Extracted via pdftotext 26.07 -bbox and @nexlex/ingest inline parser. Automated parse; footnotes/amendment history excluded; Schedule I (Orders/Rules) not included in the section list; spot-verified; full clause-level proofread pending.

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