Code of Civil Procedure, 1908
47.Questions to be determined by the Court executing
decree.-
(1) All question 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.
Explanation.---- For the purposes of this section, a plaintiff
whose suit has been dismissed and a defendant against whom a suit has been
dismissed, are parties to the suit.