Code of Civil Procedure, 1908:
s.47 – Money decree – Execution proceedings – Both the parties filed their respective statements of calculations in regard to the amount due under the decree of the Court – Executing Court rejected the objections filed by respondent – Revision by respondent – High Court directed the appointment of Chartered Accountant to consider the details of arrears – Held: High Court acted in manifest excess of its jurisdiction while directing the appointment of a Chartered Accountant for the purpose of determining as to whether the decretal debt is to be marked as satisfied – The execution proceeding is pending before the Civil Judge and various orders have been passed thereon from time to time – The issue as to whether the decree has been discharged or satisfied has to be determined by the Executing Court under s.47. CPC – The Executing Court must execute the decree as it stands, without adding anything to it – In the counter affidavit filed on behalf of the respondent, the contention of the appellant that there was an admission in regard to the balance of Rs 1.25 crores is sought to be controverted – All these are matters which must properly be addressed in the course of the execution proceedings – The High Court has acted in excess of jurisdiction by directing the appointment of a Chartered Accountant, particularly at this stage – The impugned order of the High Court is set aside – Having regard to the fact that the dispute between the parties arose out of a contract of 1980 and an award of 1984 which is still being executed, the High Court to dispose of the Civil Revision expeditiously.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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