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Criminal Procedure Code QUESTION #9496
Question 1
In execution proceedings, the judgment-debtor B claims that the decree has been satisfied by an agreement between himself and the original decree-holder, who has since died. B seeks to raise this in the execution proceedings. The legal representative of the deceased decree-holder insists a separate suit is required. Which forum is correct?
  • The High Court must certify the satisfaction
  • The question must be decided by the Court that passed the original decree
  • B can raise the plea of discharge or satisfaction of the decree in the execution proceedings themselves; all questions relating to execution, discharge or satisfaction of the decree are to be determined by the executing Court under Section 47 CPC✔️
  • B must file a separate suit to prove discharge of the decree
Correct Answer Explanation
Section 47(1) CPC provides that all questions arising between the parties to a suit in which the decree was passed, or their representatives, 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.