CPCExecutionAllahabad High Court

Harnandrai Budhrani v Chandra Krishan

AIR 1980 Allahabad 12119801 min read
The case in brief30-second read
Facts
During execution of a decree, a third party claimed interest in the attached property. The third party filed a separate suit instead of raising the objection before the executing court.
Issue
Whether questions arising during execution must be raised before the executing court or can be litigated through a separate suit.
Held
Section 47 requires all questions arising between decree parties relating to execution to be decided by the executing court.
Principle
Section 47 CPC requires all questions arising between the parties to the suit in which the decree was passed, or their representatives, relating to the execution, discharge, or satisfaction of the decree, to be determined by the executing court and not by a separate suit.
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Facts

  • During execution of a decree, a third party claimed interest in the attached property
  • The third party filed a separate suit instead of raising the objection before the executing court
  • The question was whether the fresh suit was maintainable

Issue

  1. Whether questions arising during execution must be raised before the executing court or can be litigated through a separate suit.

Held

  • Section 47 requires all questions arising between decree parties relating to execution to be decided by the executing court
  • A party cannot bypass execution proceedings by filing a separate suit on the same question
  • The executing court has exclusive jurisdiction over execution-related disputes
  • This prevents multiplicity of proceedings and ensures the decree is not defeated by collateral litigation

Ratio decidendi

Section 47 vests exclusive jurisdiction in the executing court for all execution-related questions. Separate suits on such questions are not maintainable.

Exam use

How to use it in an answer

- Key line: "In Harnandrai Budhrani (1980), the court held that S.47 requires all execution questions to be decided by the executing court. A separate suit on matters within S.47 is not maintainable."

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Citation

Harnandrai Budhrani v. Chandra Krishan AIR 1980 Allahabad 121

Reported: AIR 1980 All 121; verified via standard CPC references. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.