SECTION 47, 49, 50 OF CODE OF CIVIL PROCEDURE 1908

What are the Questions to be determined by the Court executing decree? Who is Transferee? Who is Legal representative? Section 47, 49 and 50 of Code of Civil Procedure 1908

Questions to be determined by the Court executing decree, Transferee and Legal representative are defined under Section 47, 49 and 50 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 47 of Code of Civil Procedure 1908 "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 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.

 

Section 49 of Code of Civil Procedure 1908 "Transferee"

Every transferee of a decree shall hold the same subject to the equities (if any) which the judgment-debtor might have enforced against the original decree-holder.

 

Section 50 of Code of Civil Procedure 1908 "Legal representative"

(1) Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against the legal representative of the deceased.

(2) Where the decree is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of ascertaining such liability, the Court executing the decree may, of its own motion or on the application of the decree-holder, compel such legal representative to produce such accounts as it thinks fit.

Home     About Us     Privacy Policy     Disclaimer     Sitemap