https://www.taxtmi.com/caselaws?id=311648 In execution proceedings, the executing court must proceed on the decree as drawn and cannot investigate a benami claim by treating someone not named in the decree as the real decree-holder. A person merely asserting beneficial ownership of the decree has no locus standi to execute it in his own name unless he is the named decree-holder, an assignee, or a legal representative. Although Section 47(3) of the Code of Civil Procedure can cover disputes between rival claimants to the decree-holder's position, it does not authorise the executing court to go behind the decree and determine a benami controversy. Such issues must be pursued in a regular suit; the appellate court set aside the contrary orders. en-us Tue, 15 Feb 1944 00:00:00 +0630 Sat, 06 Jan 2024 11:06:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311648 In execution proceedings, the executing court must proceed on the decree as drawn and cannot investigate a benami claim by treating someone not named in the decree as the real decree-holder. A person merely asserting beneficial ownership of the decree has no locus standi to execute it in his own name unless he is the named decree-holder, an assignee, or a legal representative. Although Section 47(3) of the Code of Civil Procedure can cover disputes between rival claimants to the decree-holder's position, it does not authorise the executing court to go behind the decree and determine a benami controversy. Such issues must be pursued in a regular suit; the appellate court set aside the contrary orders. Case-Laws Indian Laws Tue, 15 Feb 1944 00:00:00 +0630 https://www.taxtmi.com/caselaws?id=311648