Executing Court Jurisdiction requires notice before deciding unpleaded execution issues; remand follows for fresh hearing.

An executing court may examine questions relating to execution, discharge or satisfaction of a decree under Section 47 CPC, but it must not decide a ground that was neither pleaded nor argued without giving the affected party an opportunity of hearing. Doing so offends natural justice because the party cannot meet a case that was never put forward. Where that occurs, the proper course is to set aside the impugned execution order and remit the matter for fresh consideration after hearing both sides, including any connected application under Order 21 Rule 11(2) CPC.

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Issues: Whether the executing court could decide the executability of the decree on a ground not raised in the application under Section 47 of the Code of Civil Procedure, 1908, and whether the order dismissing execution should be set aside and the matter remitted for fresh consideration.

Analysis: Questions relating to execution, discharge or satisfaction of a decree are within the jurisdiction of the executing court under Section 47 of the Code of Civil Procedure, 1908. However, where the court proceeds to decide a ground that was neither pleaded nor canvassed, the affected party is deprived of an opportunity to meet that case, which offends natural justice. In such a situation, the proper course is to remit the matter so that the parties may be heard on the disputed issue and any connected application under Order 21 Rule 11(2) of the Code of Civil Procedure, 1908 may also be dealt with appropriately.

Conclusion: The executing court's approach was found improper, and the matter was remitted to the court below for fresh decision after hearing both sides.

Ratio Decidendi: An executing court may determine questions relating to execution, discharge or satisfaction of a decree, but it cannot finally decide an unpleaded issue without giving the affected party an opportunity of hearing; such a determination warrants remand for adjudication after notice and hearing.

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