Execution Proceedings Cannot Reopen Issues That Could Have Been Raised at Trial Under Section 47 CPC: Allahabad High Court

The Allahabad High Court has held that objections filed under Section 47 of the Code of Civil Procedure, 1908 (CPC) cannot be used by a judgment-debtor to reopen questions that could have been raised and decided during the original trial. The Court made it clear that execution proceedings cannot become a second trial unless the judgment-debtor is able to show that the decree is void and inexecutable on the face…