Friday, 2 April 2021

Section 38 CPC - Code of Civil Procedure - Court by which decree may be executed.

 Section 38 CPC Description

A decree may be executed either by the court which passed it, or by the Court to which it is sent for execution.


COMMENTS


(i) Retransfer of execution proceedings at the instance of the judgment debtors do not preclude the decree?holders from initiating fresh execution proceedings against other judgement debtors at original court; Om Prakash v. M/s. Hargovind Raj Kumar, AIR 1993 Raj 68.


(ii) Injunction decree is not enforceable. However, it can be enforced by seeking police aid on necessary directions from the Court; Matha Gavarayya v. District Collector, E.G. Distt., AIR 1993 AP 103.

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