Part II - Execution (36-74) Flashcards
Section - 36
Application to Orders
Section - 37
Definition of Court which passed a decree
The court of first instance
*
Section - 38
Court by which decree may be executed
Decree may be executed either by
The court which passed it; or,
The court to which it is sent for execution
Section - 39
Transfer of decree
*
Section - 40
Transfer of decree to court in another State
Section - 41
Result of execution proceedings to be certified
Court to who h decree is sent for execution shall certify to the court which passed it the fact of such execution, or, where the former court fails to execute the same the circumstances attending such failure.
Section - 42
Powers of court in executing transferred decree
*
Section - 43
Execution of decrees passed by Civil Courts in places to which this Code does not extend
*
Section - 44
Execution of decrees passed by Revenue Courts in places to which this Code does not extend
*
Section - 44A
Execution of decrees passed by courts in reciprocating territory
*
Section - 45
Execution of decrees outside India
Section - 46
Precepts
*Precept - A writ or warrant
Section - 47
Questions to be determined by the Court executing decree
To be determined by the court executing the decree and not by a separate suit.
*
Section - 48
REPEALED
Execution barred in certain cases
Section - 49
Transferee
Every transferee of a decree shall hold the same subject to the equities (if any) which the judgement debtor might have enforced against the original decree holder.
