Explain the provisions of Code of Civil Procedure 1908, for deciding the question relating to execution, discharge and satisfaction of the decree and attachment of the property during the execution of the decree.

The execution of a decree is a very difficult task. It is not as easy as it seems. Many times, many questions arise before the court executing the decree
It is an important question as to when and by whom these questions will be settled.
Provision has been made under Section 47 of the Code of Civil Procedure 1908 for this.
 

The execution of a decree is a very difficult task. It is not as easy as it seems. Many times, many questions arise before the court executing the decree 
It is an important question as to when and by whom these questions will be settled. 
Provision has been made under Section 47 of the Code of Civil Procedure 1908 for this. 

Section 47 refers to one of the most important provisions in the Code of Civil Procedure which deals with the Execution of decrees. 
The provision aims to provide an inexpensive and expeditious remedy for resolution of disputes between the parties to the suit in execution proceedings, thus preventing needless and unnecessary litigation

Section 47 Questions to be determined by Court executing decree 

(1) All question arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.

(2) The Court may, subject to any objection as to limitation or jurisdiction, treat a proceeding under this section as a suit or a suit as a proceeding and may, if necessary, order payment of any additional court-fees.

(3) Where a question arises as to whether any person is or is not the representative of a party, such question shall, for the purposes of this section, be determined by the Court.

Explanation - For the purposes of this section, a plaintiff whose suit has been dismissed and a defendant against whom a suit has been dismissed are parties to the suit.
The main object of this provision is to avoid multiplicity of suits. Had such powers not been conferred upon the court, the number of suits would have increased because separate suits would have been filed for deciding their questions. 
The execution court cannot go beyond the decree it cannot consider the merits and demerits of the decree. 

The following questions cannot be decided by execution courts: 
(a) whether the decree has been obtained by fraud?
(b) Whether the decree has been obtained against the wrong person?
There are some circumstances under which the execution Court can re-examine the Decree 
As we have seen above, the execution court cannot decide about the validity and sanctity of decree. But this rule is not absolute. There are some exceptions to it. There are circumstances under which the execution can re-examine the decree for the purpose of deciding its validity and sanctity. 

The circumstances are as follows - 

(a) When the decree is null and void 
(b) When the subject matter of the decree gives more than one meaning.

The main reasons are that invalid decree is no decree at all