## CPC 47

### CPC 47 — Questions to be determined by the Court executing decree
- https://unisonlegal.in/statutes/cpc/47

> 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.
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(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.
5[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 AMENDMENT
Uttar Pradesh
Amendment of section 47.- In section 47 of the principal Act, Explanation II
inserted by the U. P. Civil Laws (Reforms and Amendment) Act, 1954, shall be omitted.
[Vide Uttar Pradesh Act 57 of 1976, s. 3]
Limit of time for execution
48. [Execution barred in certain cases.] Rep. by the Limitation Act, 1963 (36 of 1963), s. 28 (w.e.f. 1-1-1964).

1. Subs. by the A.O. 1937, for s. 45.
2. The words "or continued" omitted by the A.O. 1948.
3. Subs. by the A.O. 1950, for "in any Indian State".
4. Sub-section (2) omitted by Act 104 of 1976, s. 20 (w.e.f. 1-2-1977).
5. Subs. by s. 20, ibid. for the Explanation (w.e.f. 1-2-1977).
IndiaCode
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STATE AMENDMENT
Rajasthan
Insertion of new section 48 A.- After section 48 of the Code of Civil Procedure, 1908 (Central Act V of 1908),
in its application thereof to the State of Rajasthan, the following new section shall be, and be deemed always to
have been inserted, namely:--
"48-A- Varied application of section 48.- For the purposes of the application of section 48 to the
State of Rajasthan;-
(i) a decree, made before the twenty-fifth day of January, 1950, in those parts of Rajasthan
where a corresponding provision did not then exist, shall, unless it shall have becomr time-barred
or otherwise infructuous before the said day in accordance with any law then prevailing in those
parts, be deemed to have been made on the said day, and
(ii) Where a decree might have been made before the twenty-fifth day of January, 1950 in
those parts of Rajasthan where a corresponding provision then existed, with a period longer than
twelve years provided therein such longer period or the period of twelve years form the said day
whichever expires first shall be the period after which, according to section 48, no order for
execution shall be made".
[Vide Rajasthan Act XX of 1952, s. 2]
Transferees and legal representatives