Execution of Decrees in Civil Procedure
श्री हरिश्चंद्र स्नातकोत्तर महाविद्यालय
मैदागिन
,
वाराणसी -221001
Dharmendra Kumar Gupta
Assistant Professor
Faculty of Law
Lecture on Execution of Decree
Part-I
What is Execution?
Execution is the enforcement of
decrees and orders by the process of
the court, so as to enable the decree
holder to realize the fruits of the
decree.
Relevant provisions in the Code of
Civil
Procedure, 1908
Section 36 to 74 and Order XXI
*Order XXI contains 106 Rules and is
longest of all orders in the Code
Summary of Proceeding
•
Decision as to court by which decrees may be
executed ?
•
Decision as to person who may apply ?
•
Against whom execution may be taken out?
•
Drafting of application
•
Procedure on receiving Application
S.38-Court by which decree may
be executed
Court which
passed it-
S.
37
Court to
which it is
sent for
execution
Court which passed it- S.37
•
The Court of first instance which actually passed the decree.
•
The Court of first instance if decree is passed in appeal.
•
Court of first instance-
ceased to exist or
to have jurisdiction to execute-
the court which has jurisdiction to try the suit at the time of the execution
After institution of a suit mere transfer of any era to the jurisdiction of any other
court, such court of first instance does not cease to have jurisdiction
But
such
other Court shall also have jurisdiction to execute the decree, if at the time of
making the application for execution of
the decree it would have jurisdiction to try the said suit.
Court to which it is sent for
execution
For this purpose relevant provisions are as follows:
•
S.39- When a decree may be transferred to other
courts for execution.
•
S.40-Transfer of decree to court in other state.
•
S.41-The transferee Court shall certify the result of
transfer to the court which passed it.
•
S.42- Powers of transferee court executing a decree.
•
Execution of foreign decrees in India.- S.43-44A
•
Other provisions relating to transferee court- O.21 R.3-
9
Enforcement of court decrees and orders is essential for decree holders to realize their rights. This summary covers relevant provisions, procedures, and courts involved in the execution of decrees as per the Code of Civil Procedure.
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Presentation Transcript
, -221001 Lecture on Execution of Decree Part-I Dharmendra Kumar Gupta Assistant Professor Faculty of Law
What is Execution? What is Execution? Execution is the enforcement of decrees and orders by the process of the court, so as to enable the decree holder to realize the fruits of the decree.
Relevant provisions in the Code of Civil Procedure, 1908 Section 36 to 74 and Order XXI *Order XXI contains 106 Rules and is longest of all orders in the Code
Summary of Proceeding Summary of Proceeding Decision as to court by which decrees may be executed ? Decision as to person who may apply ? Against whom execution may be taken out? Drafting of application Procedure on receiving Application
S.38 S.38- -Court by which decree may Court by which decree may be executed be executed Court to which it is sent for execution Court which passed it- S.37
Court which passed it- S.37 ceased to exist or to have jurisdiction to execute- the court which has jurisdiction to try the suit at the time of the execution The Court of first instance which actually passed the decree. The Court of first instance if decree is passed in appeal. Court of first instance- After institution of a suit mere transfer of any era to the jurisdiction of any other court, such court of first instance does not cease to have jurisdiction But such other Court shall also have jurisdiction to execute the decree, if at the time of making the application for execution of the decree it would have jurisdiction to try the said suit.
Court to which it is sent for execution For this purpose relevant provisions are as follows: S.39- When a decree may be transferred to other courts for execution. S.40-Transfer of decree to court in other state. S.41-The transferee Court shall certify the result of transfer to the court which passed it. S.42- Powers of transferee court executing a decree. Execution of foreign decrees in India.- S.43-44A Other provisions relating to transferee court- O.21 R.3- 9
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