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2016 (6) TMI 1241 - HC - Indian LawsApplication under Section 47 of the Code of Civil Procedure - eschew the evidence - whether letting in oral evidence by the respondent cannot be permitted? - Held that:- The issue with regard to the maintainability of the Application can be decided in the Section 47 Application and that cannot be put against the respondent/Judgment Debtor for letting in oral evidence and marking the documents in Section 47 Application. In order to establish his case, the respondent/Judgment Debtor has got every right to let in oral evidence and mark the documents. The respondent cannot be prevented from letting in oral evidence and marking documents in Section 47 Application. Under Section 47 of the Code of Civil Procedure all questions arising between the parties to the suit in which the decree was passed shall be determined by the Court executing the decree and not by a separate suit. Execution Court has rightly rejected the Application to eschew the evidence of P.W.1 and to dismiss the Section 47 Application as not maintainable. The Execution Court can decide the issue with regard to the maintainability of the Section 47 Application while disposing of the Section 47 Application. It is needless to say that the petitioner/Decree Holder shall have the right of cross examining the respondent/Judgment Debtor and it is also open to the petitioner to let in oral and documentary evidences in the Section 47 Application. In these circumstances, we do not find any error or irregularity in the order passed by the Execution Court. The Civil Revision Petition is devoid of merits and is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed.
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