Power of Executing Court Section 47 CPC by Sir Asif

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The key features of Section 47 CPC in Pakistan include:

Exclusive Jurisdiction: The executing court has exclusive jurisdiction over matters concerning the execution of decrees. This means that any disputes or issues arising during the execution process fall under the purview of this court.

Decree holder's Rights: The section emphasizes the rights of the decree holder (the person in whose favor the decree was issued) to apply to the executing court for the enforcement of the decree. The court is empowered to take appropriate measures to ensure the decree is effectively executed.

Objections and Disputes: Section 47 CPC allows parties, including judgment debtors (against whom the decree is enforced), to raise objections and disputes during the execution proceedings. The executing court is responsible for adjudicating these objections and disputes.

Scope of Adjudication: The executing court is not limited to merely enforcing the decree but also has the authority to decide issues and disputes that arise during the execution process. This ensures a comprehensive resolution of matters related to the execution.

Finality of Orders: The orders passed by the executing court under Section 47 CPC are generally considered final and binding. However, the aggrieved parties may have the option to appeal to higher courts if they disagree with the decisions of the executing court.

In summary, Section 47 of the CPC in Pakistan delineates the powers and responsibilities of the executing court in the context of decree enforcement. It ensures a streamlined and effective process for the execution of decrees while providing a mechanism for addressing disputes and objections that may arise during the execution proceedings.