Clarification on challenging validity of decree u/s 47 CPC
10-Aug-2023 (In Civil Law)
Suit for deceleration & injunction for right of way Suit decreed Def willfully disobeyed decree So res filed sec 47 questioning validity of decree My questioning whether sec47 lie or not And limitation for filing contempt
If the suit has been decided in your favour then you can file a suit for execution of decree and in cases as mentioned here you have to file an execution petition for executing the decree that has been passed by the court. Only when the decree is not followed even after execution petition is allowed, you can file for contempt in High Court.
Dear Sir,
The court executing the decree shall only determine all questions relating to the execution and satisfaction of the decree and delivery of possession .The Exercise of power under section 47 is limited and microscopic in nature.The executing court will allow objection to the decree only if the decree itself is null and void from the beginning and against provisions of law and the error is apparent on the face of the law.Otherwise the court will not interfere with the merits of the decree
The court executing the decree shall only determine all questions relating to the execution and satisfaction of the decree and delivery of possession .The Exercise of power under section 47 is limited and microscopic in nature.The executing court will allow objection to the decree only if the decree itself is null and void from the beginning and against provisions of law and the error is apparent on the face of the law.Otherwise the court will not interfere with the merits of the decree
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