Question

All questions relating to executability or non-executability of a decree have been conferred within the exclusive jurisdiction of the court executing the decree by virtue of the provision of ____ of the Code of Civil Procedure, 1908.

• A. Section 10
• B. Section 11
• C. Section 33
• D. Section 47

Hint:

Execution-related disputes must always be raised before the executing court under Section 47 CPC.

Answer 1

The Correct Option is D

Step 1: Scope of Section 47 CPC.
Section 47 of the Code of Civil Procedure, 1908 mandates that all questions arising between the parties relating to the execution, discharge, or satisfaction of the decree shall be determined by the executing court.
Step 2: Exclusive jurisdiction.
This provision bars the institution of a separate suit for issues connected with executability or non-executability of a decree.
Step 3: Conclusion.
Therefore, the correct answer is (D) Section 47.