Multiple choice

During the proceeding of execution of a decree, a question arises as to whether any person is or is not the representative of a party. Such question shall be determined by the

  1. court which passed the decree

  2. court executing the decree

  3. appellate court

  4. None of these
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B Correct answer
Explanation

Option (1) is incorrect: The court passing the decree cannot determine such question. Option (2) is correct: Under Section 47(3) of the Code of Civil Procedure, where a question arises as to whether any person is or is not the representative of a party, such question shall be determined by the court executing the decree. Option (3) is incorrect: The appellate court cannot determine such question.

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