CPC 37 — Definition of Court which passed a decree

Code of Civil Procedure, 1908

Statutory text

The expression “Court which passed a decree,”
or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or context, be deemed to include,—
 (a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the
Court of first instance, and
(b)  where the  Court  of  first  instance has ceased to exist  or to  have jurisdiction  to  execute  it,  the
Court  which,  if  the  suit  wherein  the  decree  was  passed  was  instituted  at  the  time  of  making  the application for the execution of the decree, would have jurisdiction to try such suit.

[Explanation.—The Court  of  first  instance  does  not  cease  to  have  jurisdiction  to  execute  a  decree
merely on the ground that after the institution of the suit wherein the decree was passed or after the passing
of the decree, any area has been transferred from the jurisdiction of that Court to the jurisdiction of any other
Court; but, in every such case, 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.]

COURTS BY WHICH DECREES MAY BE EXECUTED

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