Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----S. 47--No distinction between a decree holder and a debtor when it comes to the invocation of jurisdiction of the executing Court--Generally it is a decree holder who comes to the Court for execution of his decree against a debtor--However, there is no bar against a debtor filing an objection petition and initially execution proceedings. 2003 SCMR 181, ref. Civil Procedure Code, 1908 (V of 1908)-- ----S. 47--Restriction on filing an objection petition in the absence of an execution application would have placed the debtors in the unenviable position of having no remedy and forum for redressal of their grievance. Civil Procedure Code, 1908 (V of 1908)-- ----S. 47--Exclusive jurisdiction--Under S. 47, CPC, the executing Court has the exclusive jurisdiction to look into the execution, discharge or satisfaction of the decree and settle all question related thereto. 1991 SCMR 2457, PLD 1996 (W.P.) Kar. 308, ref. Civil Procedure Code, 1908 (V of 1908)-- ----S. 47--Question, whether subsequent events, agreements and understandings, if any, arrived at between the parties which result in variation, modification and change in the terms and conditions of a decree can be taken into consideration while executing a decree?--Held: Executing Court under S. 47, CPC can look into events subsequent to the passing of the decree and give effect to agreements arrived at between the decree holder and the debtors, the Court has no doubt that it can look into and implement agreements which have been made by the parties for the satisfaction of the decree subsequent to the passing of the decree. AIR 1939 (Privy Council) 80, 1996 CLC 1399 & PLD 2001 SC 131, ref. Interpretation of the Decree-- ----Compromise decree--Execution--Question, can an executing Court execute a decree without determining its intent and import by a process of construction?--Held: Executing Court had not only the authority but was under an obligation to render true and correct interpretation of the compromise decree--Court had to take into consideration all the relevant facts including subsequent events and the understanding and agreements arrived at between the…

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