Published on: 21 October 2022 at 09:05 IST
Court – Supreme Court of India
Citation – Rahul S. Shah v/s Jinendra Kumar Gandhi (2021) 6 SCC 418
Hon’ble Supreme Court of India has held that the objective of the Section 47 of the Code of Civil Procedure, 1908 is to adjudicate limited nature of issues relating to execution i.e. discharge or satisfaction of the decree for the sole purpose to prevent unwanted litigation and dispose of all objections as expeditiously as possible. It is held that Hon’ble Executing Court must not go beyond execution of decrees.
Para – 24
In respect of execution of a decree, Section 47 CPC contemplates adjudication of limited nature of issues relating to execution i.e. discharge or satisfaction of the decree and is aligned with the consequential provisions of Order 21 CPC. Section 47 is intended to prevent multiplicity of suits. It simply lays down the procedure and the form whereby the court reaches a decision.
For the applicability of the section, two essential requisites have to be kept in mind. Firstly, the question must be the one arising between the parties and secondly, the dispute relates to the execution, discharge or satisfaction of the decree. Thus, the objective of Section 47 is to prevent unwanted litigation and dispose of all objections as expeditiously as possible.
Drafted By Abhijit Mishra
Key Words – Execution, Enforcement Proceedings, Judgement Debtors.