Civil Procedure Code, 1908 (V of 1908) S. 47 - Section 47 CPC could be invoked only by parties to the suit or their successors -
The objection under Section 47 will relate to all issues regarding the subject of execution and it cannot adjudicate on individual rights who are not parties - Order passed under Section 47
CPC between the parties shall not be appealable and the order will be final - If the objection must be taken as objection under Section 47 and the decision upholding the objection could have
been assailed, only revision would have been possible.(179) P.L.R.
Civil Procedure Code, 1908 (V of 1908)
S.47 - Where suit of the petitioner-plaintiff stands decreed directing the respondent-defendant to
release all dues/benefits including the gratuity, provident fund, family pension, leave encashment etc. payable to the petitioner - In the impugned order executing Court finding that the
petitioner is not entitled to family pension and he is required to file a separate suit - When the question relating to the execution and discharge/satisfaction of the decree arises between
the parties or their representatives, the same shall be decided by the Executing Court, no separate suit is required to be filed. (174) P.L.R.