The main legal point established in the judgment is the requirement for client verification in objections filed under Section 47 CPC and the limitations on advocates' roles in verifying pleadings.

JUDGMENT :

PRATHIBA M. SINGH, J.

CM APPL. 39814/2019(for exemption)

1. Allowed, subject to all just exceptions. Application is disposed of.

CM (M) 1315/2019 & CM APPL. 39813/2019

2. The present petition challenges the order dated 7th August, 2019 by which the objections on behalf of the Petitioner filed under Section 47 CPC have been rejected with the following observations:

"Today matter is listed for disposal of objections filed under Section 47 CPC filed on behalf of JD. However, perusal of objections shows that same has neither been signed by JD nor his affidavit has been filed with the objections. The objections has been signed by his advocate only who has also filed her own affidavit, claiming herself to be sister of JD.

The objections under Section 47 CPC has not been filed by the JD, therefore same are not maintainable on the technical ground itself. The objections are thus dismissed.

JD is directed to make payment of entire amount due and recoverable against him before next date of hearing, failing which, necessary action shall be taken against him."

3. Smt. Shipra Mehrotra Respondent herein, had filed a petition against her husband Shri Shyamji Mehrotra i.e. Petitioner herein under Section 13/27 of the Hindu Marriage Act,1955 (hereinafter "HMA"). The prayer in the said petition was for dissolution of the marriage under Section 13 of the HMA and for return of the articles and money mentioned in the list attached to the said petition. The said petition was filed before the Additional Family Judge, Allahabad, who vide final order judgment/decree dated 18th March, 2006 passed a decree of divorce/dissolution of marriage. Furthermore, the Petitioner herein was directed to return all the demanded stridhan within one month from the said date. The said decree was transferred for execution to the Family Court in Delhi. Notice was issued to the husband - Petitioner herein. Objections were filed under Section 47 CPC. The said objections were signed by his sister, Ms. Geeta Mehrotra, ld. Counsel, as an advocate for her brother. The affidavit supporting the objections was also filed by Ms. Geeta Mehrotra, ld. Counsel. The ld. Trial Court considered the objections and passed the above impugned order dismissing the same on the ground that the Petitioner had neither signed the objections nor filed an affidavit in support thereof.

4. The ld. counsel appearing for the Petitioner, Ms. Mehrotra submits that she had a vakalatnama in her favour from her brother and hence she was entitled to file the objections under her own signatures, with her own affidavit, without the affidavit of the client. A perusal of the objections shows clearly that the objections have been signed only by the advocate, Ms. Geeta Mehrotra, ld. Counsel, with her own affidavit. The client has neither deposed to the averments in the objections, nor has he filed the affidavit in support.

5. Section 47 CPC deals with questions arising in execution proceedings to be determined by the Court executing the decree. The said provision has undergone changes since the time it was first introduced as part of Code of Civil Procedure,1908. The objections under Section 47 CPC were, as held in Jugalkishore Saraf vs. M/s Raw Cotton Co. Ltd., (1955) AIR SC 376, to be treated at par with the suits. The relevant portion of the judgment is set out hereinbelow:

"There could be no -objection to decide questions involving investigation of complicated facts or difficult questions of law in execution proceedings, as section 47 of the Code of Civil Procedure authorises the Court executing the decree to decide all questions arising therein and relating to execution of the decree and subs-s- (2) further authorises the executing Court to treat a proceeding under the section as a suit thus obviating the necessity of filing a separate suit for the determination of the same."

6. However, subsequently, further amendments were brought in, to amend Section 47 CPC. Sub-section 2 of Section 47 CPC was deleted by the