Scope Of Section 47 Of CPC In Execution Of Arbitral Awards

Introduction

The power of the Executing Court under Section 47 of the Civil Procedure Code, 1908 ('CPC') is microscopic, to be used judiciously and not sparingly. Section 47 of CPC governs the scope of judicial intervention by an Executing Court. In most cases, Section 47 of CPC becomes a tool for delaying the process of justice, hence it becomes essential that the Executing Court only divulge itself in the question of validity of decree, when the same is apparent from the face of it or is prima facie evident. The Executing Court question shall not travel the course and dismiss the case on merit. Section 47 of CPC cannot be construed as an appeal under the garb of objection. The Section envisages as follow: