Скачать или смотреть ಕೋರ್ಟ್ ಆದೇಶವನ್ನು ಜಾರಿ ಮಾಡುವುದು ಹೇಗೆ ? || CPC Section (36-47) Execution of the Decree

Courts which can execute decrees
Section 38 of the Code states that a decree can be executed either by the Court of the first instance or by the Court to which it has been sent for execution.

Section 37 of the Code further establishes the scope of the expression “court which passed a decree” with the object of enabling a decree-holder to recover the fruits of the decree. The courts which fall within the said expression are as follows:

The court of the first instance;
The court which actually passed the decree in case of appellate decrees;
The court which has jurisdiction to try the suit at the time of execution, if the court of first instance ceased to exist;
The court which at the time of execution had jurisdiction to try the suit, if the court of first instance has ceased to have jurisdiction to execute the decree.
Transfer of decree for execution
Section 39 provides that when a decree-holder makes an application to the court of the first instance to send the decree for execution to another court, the court of first instance may do the same if any of the following grounds exist:

if the judgment-debtor carries on business, or resides or personally works for gain, within the jurisdiction of such Court;
if the property of judgment-debtor does not come under the jurisdiction of the Court of the first instance but it comes under the local limits of the jurisdiction of such Court;
if the decree directs delivery or sale of immovable property situated outside the jurisdiction of the Court which passed the same;
if the Court which had passed the decree considers that the decree should be executed by another court, but it shall record the reasons in writing for doing the same.
Section 39(2) states that the Court of the first instance may suo motu send it for execution to any subordinate Court of competent jurisdiction.
Execution of foreign decrees in India
The Code lays down the procedure for execution of foreign judgments and decrees in India. While enforcing a foreign judgment or decree in India it should be ensured that the judgment or decree is a conclusive one, given on the merits of the case and by a court having competent jurisdiction.

What is a foreign judgment and a foreign decree?
Section 2 (6) of the CPC defines a foreign judgment as a judgment of a foreign court. As per section 2(5) of CPC, a foreign court implies a court which is situated outside India and which is not established or continued by the authority of the Central Government.

A foreign decree is defined in Explanation II to section 44A of the CPC as a decree or judgment of such court and which directs that a sum of money is payable. However, such sum of money shall not be a sum payable in respect of taxes or other charges of a like nature or in respect of any penalty or fine. It should not include an arbitral award, even if such an award is enforceable as a decree or judgment.
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