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2. The correctness of this view is questioned before us on behalf of the appellant : and on behalf of the respondent it has been further argued in support of the order made by the lower Court that that Court had no jurisdiction to entertain the application after the execution of the decree was over and that if at all the application should have been made to the Court at Zansi, which passed the decree.

3. The first question is whether this application for a refund of the sum can be entertained by the executing Court. According to the terms of Section 47 of the Code of Civil Procedure, all questions arising between the parties to the suit and relating to the execution, discharge or satisfaction of the decree must be determined by the Court executing the decree and not by a separate suit. This application raises, in my opinion, a question relating to the execution of the decree and is clearly one which could be and ought to be entertained by the Court executing the decree and in respect of which no separate suit can lie. This view is supported by the decision in Pariah Singh v. Beni Ram (1878) 2 All. 61; which was a decision under Section 244 of the Code of 1877 corresponding to Section 47 of the present Code. The application, therefore, was properly made to the executing Court. Further, it is difficult to understand how the present respondent can be heard to urge this plea after "having successfully contended in the suit filed in the Court at Shevgaon that the proper remedy was to file an application under Section 47 of the Code for the refund and not to file a suit.