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Criminal Procedure Code QUESTION #9503
Question 1
A obtains a decree against B. B satisfies the decree in full by paying the decretal amount to A. A does not inform the Court and subsequently applies for fresh execution. B seeks to raise the plea of satisfaction. A argues B should have deposited the amount in Court. What is the correct position?
  • B can raise the plea of full satisfaction of the decree in the execution proceedings under Section 47 CPC; the executing Court must investigate and, if satisfied, refuse execution✔️
  • A is correct; only Court-deposited payments constitute valid satisfaction
  • B's plea cannot be raised in execution; payment must always be made in Court
  • B must file a separate suit to prove payment
Correct Answer Explanation
Section 47 CPC vests jurisdiction in the executing Court to determine all questions of execution, discharge, or satisfaction. Payment made directly to the decree-holder and accepted by him constitutes valid satisfaction. B can raise this in execution proceedings and the Court must adjudicate it.