AI Overview...
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Wrong Property Not a Ground under Section 47 CPC - The courts have clarified that an objection regarding the wrong property mentioned in an application or decree cannot be entertained under Section 47 of the Civil Procedure Code (CPC). Section 47 is limited to objections on the grounds of executability, fraud, or material irregularity, and does not extend to disputes about the correctness of the property description. Relief should not be denied solely because of a wrong property mention, but such issues are outside the scope of Section 47. SAKUNTALA MISHRA VS JAGDEEP PRATAP DEO - Orissa, BIJAYA KUMAR SWAIN VS HAREKRUSHNA NAYAK - Orissa
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Scope of Section 47 CPC - The scope of Section 47 is limited to objections related to the execution of a decree, such as fraud or irregularities, and does not permit re-examination of the substantive merits of the original decree, including disputes about the property involved. Courts have emphasized that Section 47 does not allow for a fresh adjudication on the correctness of the property or other substantive issues. SAKUNTALA MISHRA VS JAGDEEP PRATAP DEO - Orissa
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Misdescription of Property and Section 47 - Courts have held that a mere wrong mention or description of property does not constitute a ground under Section 47 for setting aside or modifying a decree. The provision is meant for procedural irregularities or fraud, not substantive errors regarding property description. Therefore, a dispute over the property’s correctness cannot be raised under Section 47. BIJAYA KUMAR SWAIN VS HAREKRUSHNA NAYAK - Orissa, Subhash Thakur S/o Late Shri Nagnu Ram VS Raja Ashok Pal Sen S/o Late Maharaja Joginder Sen - Himachal Pradesh
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Misapplication of Section 47 - Courts have consistently pointed out that misquoting or wrong mention of legal provisions, including Section 47, does not invalidate proceedings if the core issue pertains to execution or procedural irregularities. Relief is available under the appropriate provisions, but wrong property description alone does not qualify as such. Vishal Chaddha S/o Sh. Banwari Lal Chadha VS Raja Ashok Pal Sen S/o Late Maharaja Joginder Sen - Himachal Pradesh, Subhash Chandra Dey VS Mangal Chandra Sarkar - Gauhati
Analysis and Conclusion:
Section 47 CPC is specifically designed to address objections related to the execution process, such as fraud or material irregularities, and does not extend to disputes over the correctness or description of the property involved. A claim that the property mentioned in a decree or application is incorrect or wrongly described cannot be entertained under Section 47. Such issues are substantive and require separate proceedings, not objections under the execution code. Therefore, wrong property mention is not a valid ground under Section 47 CPC for setting aside or modifying a decree or execution proceedings.
Search Results for "Wrong Property is Not a Ground under Section 47 Cpc"
2015 0 Supreme(HP) 1678 • India - Himachal Pradesh
P.S.RANA
The court emphasized that the relief should not be denied to a party simply on the ground of wrong mentioning of section in the application ... be denied to a party simply on the ground of wrong mentioning of section in the application. ... Order 1 Rule 10 - Impleading of Co-defendants - Code of Civil Procedure 1908, Section 151 - AIR 2013 SC 2389, (2012)7 SCC 738, ... It is well settled law that relief should not ....
2018 0 Supreme(Ori) 801 • India - Orissa
S.N.PRASAD
Ratio Decidendi: The court clarified the limited scope of section 47 of CPC, emphasizing that it does not allow for a fresh ... It held that the executing court's power under section 47 is limited to objections to the executability of the decree on grounds ... The defendants filed an application under section 47 of CPC, alleging fraud and seeking to set aside the decree. ... regarding the scope of sectio....
2008 0 Supreme(Ori) 963 • India - Orissa
SANJU PANDA
of wrong property. ... property, as well as the need for the executing Court to provide a speaking order while considering objections filed u/s 47 CPC. ... Issues: The issues revolved around the rejection of the application u/s 47 CPC by the executing Court without assigning any ... But the said contention is not acceptable as Section 115 CPC is very clear. ... The Learned Civil Judge (Senior Div....
1910 0 Supreme(Mad) 377 • India - Madras
within the meaning of Section 47 of the New Code of Civil Procedure. ... of the judgment-debtor within the meaning of Section 47 of the CPC. ... Issues: The issues involved the applicability of Order XXI, Rule 98, the interpretation of Section 47 of the CPC, and the ... The purchaser of the attached property is the representative of the judgment-debtor within the meaning of Section 47#H....
2018 0 Supreme(Gau) 1414 • India - Gauhati
KALYAN RAI SURANA
to hear same as an application under section Civil Procedure Code, executing Court had not dismissed said petition on ground that ... Constitution of India, 1950 - Article 227 - Civil Procedure Code,1908 - Section 151and 47 - Order 22, Rule ... wrong provisions of law had been quote neither this court, no executing court had dismissed said petition on ground of misquoting ... Moreover, the learned executing Court had not#H....
2015 0 Supreme(HP) 1679 • India - Himachal Pradesh
P.S.RANA
The court emphasized that the relief should not be denied to a party simply on the ground that the wrong section was mentioned in ... The court emphasized that the relief should not be denied to a party simply on the ground that the wrong section was mentioned in ... Order 1 Rule 10 - Impleading Applicant as Co-defendant - Code of Civil Procedure (CPC) - Section 151, Order XXII Rule 10 - [#HL_STAR....
2014 0 Supreme(HP) 976 • India - Himachal Pradesh
MANSOOR AHMAD MIR
Review Petition - Property Dispute - CPC 114, Order 47 Rule 1 - The court discussed the principles and contours of the power of ... Fact of the Case: The review petitioner sought review of a judgment on the ground that the property of the petitioner ... Issues: The main issue was whether the review petition was maintainable on the ground that the property of the petitioner ... It is beaten law of the land that the power of review has to be exercised sparingly and a....
1971 0 Supreme(Mad) 550 • India - Madras
K.VEERASWAMI, RAGHAVAN
ORDER 21 RULE 90 - SETTING ASIDE COURT AUCTION SALE - ACT-SECTION REFERRED : ORDER 21 RULE 90, SECTION 47 CIVIL PROCEDURE CODE ... The court held that Section 47 of the CPC, which allows for the setting aside of a sale for material irregularity or fraud, is applicable ... The court held that Section 47 of the CPC, which allows for the setting aside of a sale for material irregularity or fraud, is applicable ... Pon....
1976 0 Supreme(All) 116 • India - Allahabad
H.N.KAPOOR
She then filed an objection under section 47 CPC claiming that she was the usufructuary mortgagee of the property and Ram Narain ... The court held that restitution under Section 144 CPC can be claimed not only against the opposite party, but also his representatives ... The court held that restitution under Section 144 CPC can be claimed not only against the opposite party, but also his representatives ... Dayawat....
1999 0 Supreme(Mad) 1089 • India - Madras
M.KARPAGAVINAYAGAM
Code of Civil Procedure, 1908-Order 26, Rule 10 (3)-Advocate Commissioner-No reason assigned by the appellate court for appointment ... No. 2728 of 1986 under Section 107 (2) of C.P.C. and Order 41, Rule 27 of C.P.C., before the lower Appellate Court, to appoint a qualified Engineer, as a Commissioner, to inspect the suit properties and to submit his report as to whether the new construction of the petitioners/appellants had encroached ... These principles, regarding the scope of Section 100, ....
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