Questions to be Determined by Court Executing Decree MCQ Quiz - Objective Question with Answer for Questions to be Determined by Court Executing Decree - Download Free PDF

The correct answer is The court executing the decree

Key Points

• This situation is governed by Section 47 of the Code of Civil Procedure, 1908 (CPC).
• Section 47 CPC states that all questions relating to execution, discharge, or satisfaction of a decree shall be determined by the executing court.
• The question whether a person is or is not a representative of a party to the decree is directly related to execution and therefore falls under Section 47.
• The executing court has exclusive jurisdiction to decide such questions; no separate suit is maintainable.
• This avoids multiplicity of proceedings and ensures speedy execution of decrees.​

Additional Information

• The court which passed the decree: Incorrect. Once the decree enters execution, the executing court deals with such questions.
• The appellate court:Incorrect. The appellate court does not decide execution-related questions.
• None of the above:Incorrect. The correct authority is the executing court.

The correct answer is neither modify nor vary the terms of the decree

Key Points

• As per Section 47 of CPC,  any matter related to the execution, discharge, or satisfaction of a decree between two or more parties or their representatives in their absence must be determined in the same execution proceedings.
• No other or separate suit must be filed for the same. This indicates that the Section has a much wider scope than it looks. The executing court has been conferred exclusive jurisdiction on all matters related to execution, discharge, or satisfaction of a decree.

Additional Information

• Incorrect Options:
  • Option 1 (Modify terms of the decree): An executing court cannot modify the terms of the decree. Modifying the decree would essentially mean changing the judgment, which is beyond the scope of an executing court's powers.
  • Option 2 (Vary the terms of the decree): Similarly, varying the terms implies altering the decree's conditions, which an executing court is not authorized to do.
  • Option 3 (Modify and vary the terms of the decree): Combining the powers to modify and vary the terms is incorrect for the same reasons as above. The executing court's role is strictly to enforce the decree as it stands.
• Legal Precedents:
  • Various legal precedents and judicial pronouncements have consistently upheld that an executing court must execute the decree as it is and cannot go beyond its terms.
  • This principle ensures consistency and respect for the judicial process, preventing lower courts from altering higher court decisions.

Section 47 of the Code of Civil Procedure provides certain questions to be determined by the Court before executing the decree. The Court has to determine all questions arising between the parties to the suit, like:

Execution of decree;

The satisfaction of decree;

Discharge of the decree;

The Court can also determine whether the person is representative of a party or not

Option D is correct as all other options are related to the execution, discharge and satisfaction of decree. 

Explanation: As per sec 47 CPC, this question relating to execution is to be determined by the court executing the decree. 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.

The correct answer is option 4

 Key Points
Section 47 of CPC deals with 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.
(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 1.-- 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.

• The question whether a decree is fraudulent or collusive does not relate to the execution, discharge or satisfaction of the decree and the questions A, B and C directly relate to the execution, discharge and satisfaction of the decree.

Explanation: As per sec 47 CPC, this question relating to execution is to be determined by the court executing the decree. 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.

The correct answer is The court executing the decree

Key Points

• This situation is governed by Section 47 of the Code of Civil Procedure, 1908 (CPC).
• Section 47 CPC states that all questions relating to execution, discharge, or satisfaction of a decree shall be determined by the executing court.
• The question whether a person is or is not a representative of a party to the decree is directly related to execution and therefore falls under Section 47.
• The executing court has exclusive jurisdiction to decide such questions; no separate suit is maintainable.
• This avoids multiplicity of proceedings and ensures speedy execution of decrees.​

Additional Information

• The court which passed the decree: Incorrect. Once the decree enters execution, the executing court deals with such questions.
• The appellate court:Incorrect. The appellate court does not decide execution-related questions.
• None of the above:Incorrect. The correct authority is the executing court.

The correct answer is neither modify nor vary the terms of the decree

Key Points

• As per Section 47 of CPC,  any matter related to the execution, discharge, or satisfaction of a decree between two or more parties or their representatives in their absence must be determined in the same execution proceedings.
• No other or separate suit must be filed for the same. This indicates that the Section has a much wider scope than it looks. The executing court has been conferred exclusive jurisdiction on all matters related to execution, discharge, or satisfaction of a decree.

Additional Information

• Incorrect Options:
  • Option 1 (Modify terms of the decree): An executing court cannot modify the terms of the decree. Modifying the decree would essentially mean changing the judgment, which is beyond the scope of an executing court's powers.
  • Option 2 (Vary the terms of the decree): Similarly, varying the terms implies altering the decree's conditions, which an executing court is not authorized to do.
  • Option 3 (Modify and vary the terms of the decree): Combining the powers to modify and vary the terms is incorrect for the same reasons as above. The executing court's role is strictly to enforce the decree as it stands.
• Legal Precedents:
  • Various legal precedents and judicial pronouncements have consistently upheld that an executing court must execute the decree as it is and cannot go beyond its terms.
  • This principle ensures consistency and respect for the judicial process, preventing lower courts from altering higher court decisions.

Section 47 of the Code of Civil Procedure provides certain questions to be determined by the Court before executing the decree. The Court has to determine all questions arising between the parties to the suit, like:

Execution of decree;

The satisfaction of decree;

Discharge of the decree;

The Court can also determine whether the person is representative of a party or not

Option D is correct as all other options are related to the execution, discharge and satisfaction of decree. 

The correct answer is option 4

 Key Points
Section 47 of CPC deals with 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.
(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 1.-- 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.

• The question whether a decree is fraudulent or collusive does not relate to the execution, discharge or satisfaction of the decree and the questions A, B and C directly relate to the execution, discharge and satisfaction of the decree.

Explanation- Section 47 of the code of civil procedure lays down the questions which will be determined by the executing court and clause 3 of the section 47 says that a question arising 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 executing court.