All issues relating to executablity of decree against any person are to be tried in execution itself and not by separate suit

Citation 

2002 (3) CTC 248 (SC)

IN THE SUPREME COURT OF INDIA

M.B. Shah and B.N. Agrawal, JJ.

Government of Orissa

M/s. Ashok Transport Agency and Others

Civil Appeal No. 3209 of 2002.

April 30, 2002

...Appellant

Code of Civil Procedure, 1908, Section 47- Scope of all issues relating to executablity of decree against any person are to be tried in execution itself and not by separate suit [Para 11]

CASES REFERRED

...Respondent