• 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. 

 

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