Notes on execution of decree- part 1

S 36.Provisions of this code relating to execution of decree are applicable to execution of orders.

S 37. Definition of court which passed a decree:-

a) Decree passed by appellate court,the court of first instance.

b) Court of first instance ceased to exist,the court having jurisdiction to try said suit.

S 38. Court by which decree may be executed:-

A decree may be executed either by the court which passed it,or by court to which it is sent for execution.

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S 39. Transfer of decree:-

1) Court which passed a decree may on the application of decree holder sent it for execution to another court of competent jurisdiction-

a) if the person against whom decree is passed is residing or working within the jurisdiction of that court.

b) if such person has no property within the local limits of jurisdiction of the court which passed the decree sufficient to satisfy such decree and has property within the local limit of jurisdiction of such other court,or

c) if the decree directs the sale or delivery of immovable property situate outside the local limits of jurisdiction of the court which passed it,or

d) if the court which passed the decree considers for any other reason,which it shall record in writing, that the decree should be executed by such other court.

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