Code of Civil Procedure, 1908 — Section 47: Questions to be determined by the Court executing decree

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.

(2)The Court may, subject to any objection as to limitation or jurisdiction, treat a proceeding under this section as a suit or a suit as a proceeding and may, if necessary, order payment of any additional court-fees.

(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.__ 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. LIMIT OF TIME FOR EXECUTION 248. Execution barred in certain cases.__ (1) Where an application to execute a decree not being a decree granting an injunction has been made, no order for the execution of the same decree shall be made upon any fresh application presented after the expiration of 3[six years] from

(a)the date of the decree sought to be executed, or,

(b)where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, the date of the default in making the payment or delivery in respect of which the applicant seeks to execute the decree.

(2)Nothing in this section shall be deemed

(a)to preclude the Court from ordering the execution of a decree upon an application presented after the expiration of the said term of 1[six years], where the judgment-debtor has, by fraud or force, prevented the execution of the decree at some time within 1[six years] immediately before the date of the application ;or

(b)to limit or otherwise affect the operation of article 2[183 of the First Schedule to the Limitation Act, 1908 (IX of 1908).] TRANSFEREES AND LEGAL REPRESENTATIVES