Section 47 CPC allows a judgment-debtor to seek recording of decree satisfaction even without pending execution proceedings.

A judgment-debtor may apply under Section 47 CPC to have discharge or satisfaction of a decree recorded even when no execution petition by the decree-holder is pending, because the executing court's power extends to all questions relating to execution, discharge or satisfaction between the parties. Order 21 Rule 2 is confined to payment out of court or consensual adjustment of a decree and does not govern non-consensual claims of satisfaction. The absence of a pending execution application is therefore not a bar, and the decree may be recorded as satisfied on the judgment-debtor's application.

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Issues: Whether a judgment-debtor can maintain an application for recording satisfaction or discharge of a decree under Section 47 of the Code of Civil Procedure, 1908, even when no execution application by the decree-holder is pending.

Analysis: Order 21 Rule 2 applies to payment out of court or adjustment of a decree by consent of the parties and does not cover a case where there is no consensual adjustment. Section 47, however, confers wide power on the executing court to decide all questions relating to execution, discharge or satisfaction of the decree between the parties to the suit. That power is not confined to a proceeding initiated by the decree-holder. A judgment-debtor may raise a question concerning discharge or satisfaction before the court competent to execute the decree, and the absence of a pending execution application is not a bar. The distinction between Section 47 and Order 21 Rule 2 is that the former governs the court's substantive power, while the latter regulates a limited procedural class of cases.

Conclusion: The application by the judgment-debtor was maintainable, and the decree could be recorded as satisfied despite the absence of a pending execution petition by the decree-holder.

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