TIRUNELVELI DAKSHINA MARA NADAR SANGAM COLLEGE T KALIKULAM POST TIRUNELVELI DISTRICT THROUGH ITS CORRESPONDENT M S ARUNACHALAM NADAR Vs. K GURUSAMY AND CO FIRM VIRUDHUNAGAR THROUGH ONE OF ITS PARTNER NEETHI MOHAN

JUDGEMENT

(1.) THE revision petitioners are the decree holders in E.P.No.11 of 1997 in O.S.No.139 of 1994 on the file of District Munsif Court, Virudhunagar. THE first respondent/ third party filed E.A.No.51 of 1998 under Sec.47 of the Code of Civil Procedure to dismiss E.P.No.11 of 1997 on the ground that the decree is not executable. THE decree-holders filed counter to the said application and oral evidence was let in on either side and documents were also filed. After hearing the parties, the learned District Munsif allowed E.A.No.51 of 1998 and aggrieved against this, the present revision is filed.

(2.) HEARD the learned counsel of both sides.

(3.) SEC.47 of the Code of Civil Procedure is extracted as follows to appreciate the contentions of the parties: 47. Questions to be determined by the Court executing decree: " (1) All questions 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.