Decree, Execution, Appeals, Review and Revision under the CPC — Practice

Question 1

What does Section 47 provide?

Accepted Answer

Questions between the parties relating to execution, discharge or satisfaction of a decree are decided by the executing court and not by a separate suit.

Question 2

On what ground does a second appeal lie under Section 100?

Accepted Answer

Only if the case involves a substantial question of law.

Question 3

State the modes of execution under Section 51.

Accepted Answer

Delivery of the property decreed, attachment and sale, arrest and detention in civil prison, appointment of a receiver, and any other manner the nature of the relief requires.

Question 4

Name five types of property exempt from attachment under Section 60.

Accepted Answer

Necessary wearing apparel and cooking utensils, artisans' tools, an agriculturist's implements, cattle and house, a stated part of salary, and wages of labourers  maintenance and pension rights are also protected.

Question 5

State the grounds of review under Order XLVII and the time limit.

Accepted Answer

Discovery of new and important matter not within knowledge despite due diligence, a mistake or error apparent on the face of the record, or any other sufficient reason analogous to these. The application must be made within 30 days.

Question 6

In execution the judgment-debtor says the decree is void because the court that passed it lacked jurisdiction. How should the executing court respond?

Accepted Answer

Under Section 47 the executing court cannot go behind the decree. The exception is a decree that is a nullity because the court lacked inherent jurisdiction, which may be raised even in execution. A defect of territorial or pecuniary jurisdiction cannot be raised at this stage because Section 21 requires objection at the earliest opportunity. The court must decide which kind of defect is alleged and dispose of the objection accordingly.

Question 7

Distinguish appeal, review and revision.

Accepted Answer

An appeal is a statutory right to a higher court on fact and law (first appeal) or on a substantial question of law (second appeal). Review is by the same court on limited grounds such as new evidence or an error on the face of the record. Revision is a supervisory power of the High Court over subordinate courts for jurisdictional error or material irregularity, and it is not a substitute for appeal.

Question 8

What does Section 144 provide?

Accepted Answer

Restitution: the court restores the parties to the position before a decree that has been varied or reversed.

Practice — Decree, Execution, Appeals, Review and Revision under the CPC

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