www.Aaptaxlaw.com
 

 

 
 

SECTION 36, 37 OF CODE OF CIVIL PROCEDURE 1908

What is Application to orders? What is Definition of Court which passed a decree? Section 36 and 37 of Code of Civil Procedure 1908

Application to orders and Definition of Court which passed a decree are defined under Section 36 and 37 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 36 of Code of Civil Procedure 1908 "Application to orders"

The provisions of this Code relating to the execution of decree (including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed to apply to the execution of orders (including payment an order)

 

Section 37 of Code of Civil Procedure 1908 "Definition of Court which passed a decree"

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.

Code of Civil Procedure 1908

What is Objections to jurisdiction? What is Power to transfer suits which may be instituted in more than one Court? Section 21 and 22 of Code of Civil Procedure 1908

To what Court application lies? What is General power of transfer and withdrawal? Section 23 and 24 of Code of Civil Procedure 1908

What is Power of Supreme Court to transfer suits, etc? What is Institution of suits? Section 25 and 26 of Code of Civil Procedure 1908

What is Summons to defendants? What is the procedure for Service of summons where defendant resides in another State? Section 27 and 28 of Code of Civil Procedure 1908

What is the procedure for Service of foreign summonses? What is Power to order discovery and the like? Section 29 and 30 of Code of Civil Procedure 1908

What is Summons to witness? What is Penalty for default? What is Judgment and decree? Section 31, 32 and 33 of Code of Civil Procedure 1908

What is Interest? What is Costs? What is Compensatory costs in respect of false or vexatious claims or defenses? What is Costs for causing delay? Section 34, 35, 35A and 35B of Code of Civil Procedure 1908

What is Application to orders? What is Definition of Court which passed a decree? Section 36 and 37 of Code of Civil Procedure 1908

Court by which decree may be executed? What is Transfer of decree? What is Transfer of decree to Court in another State? Section 38, 39 and 40 of Code of Civil Procedure 1908


Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap