EXECUTION Flashcards
Object of Execution
Enables the decree holder to realise the fruits of the decree.
Where is the term execution defined in CPC?
It has not been defined in the code. Giving effect to Judgement or Order of a court of justice (Harlsbury)
Where is the term execution defined in CPC?
It has not been defined in the code. Giving effect to Judgement or Order of a court of justice (Harlsbury)
Execution completes when?
J’ment creditor or DH gets the money or thing awarded to him by the Judgement, decree or order.
Related sections and Order?
S.36 to S.74/ O.21
1) Court which passed it
2) Court to which it is sent for execution
O.38 Courts by which Decrees may be executed
Which Court can pass a decree?
Seems to include
4types:
- Court of first instance, which actually passed the decree
- Court of first instance in the case of appellate decrees
- Court FI which ceased to exist but would have jurisdiction to try the suit
- Court FI which ceased to have Jurisdiction to execute but would have had jurisdiction to try the suit
It ‘WOULD’ have jurisdiction to try the suit
Term related to change in circumstances related to the property and this changing the jurisdiction
The court has passed the decree. A part of the area within the jurisdiction of the court is transferred to another court. What is the effect on the process of execution??
An issue arises whether the former court would have jurisdiction to entertain execution application or the subsequent court.
Explanation to Section 37 deals with an issue, what is it?
When after a Court has passed a decree, a part of the area which was within the jurisdiction of the Court is transferred to another Court. Effect of transfer on execution process.
