execution of money suit decree

Dear Querist,

Section 37 of the Code of Civil Procedure defines the Courts by which a decree may be executed. A decree may be executed by the Court to which it passed it, or by any Court to which it is transferred for execution. It should be noted that the expression „Court which passed decree‟ has been defined in Section 37 so as to include certain Courts other than Court which actually passed the decree.

When a decree is transferred by the Court which passed it to another Court for execution, the documents mentioned in Order XXI, Rule 6, must be sent to the latter Court. A decree-holder, however, may at his option file with application a copy of his decree duly stamped in accordance with Article 7 of Schedule I, to the Court-fees Act, VII of 1870, and when he does so, he shall be exempted from the fee of Re. 1, prescribed in this paragraph, the remaining documents being prepared by the officials of the Court without further payment by the decree-holder.

A provision has been made in Order XXI, Rule 10, Civil Procedure Code as amended by the Punjab High Court, to enable the decree-holder to apply for immediate execution through the Court within whose jurisdiction the judgment-debtor is, by producing merely the decree and an affidavit of non-satisfaction pending the receipt of a formal order of transfer under Section 39, Civil Procedure Code.

Regards,

Palak