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Execution in CPC

 A civil suit basically has three stages, first stage being institution ,second stage being adjudication and third stage being execution

Execution of a civil suit

execution of decrees and orders are covered under section 36 to 74 of CPC

The term execution is not defined the CPC

But in layman‘s language execution can be said as implementation of an order or a judgement

The execution is a process of getting a degree or judgement enforced on the defendant or the judgement debtor to fulfil the order mandated by the court and also enable the degree holder to given the things granted to him or her by the judgement.

For example ,A filed a civil suit against B to claim Rs.10,000.

So,here, the court ordered in favour of A And gave the legal order to B to pay the amount.

So, here in this illustration A would be the degree holder and B would be the judgement debtor,

Suppose even after the judgement B is not willing to pay the amount to A.

A has the option to submit an application for the execution of the decree and take help of judicial process.

Section 38 of the CPC speaks that A judgement can be executed only by the court of the first instance which means the court who has passed the decree or by the court

Or to whom the degree has been sent for execution,

37 of the CPC talks about A broader definition of court and which court holds the Jurisdiction power for the execution of the decree

1 - the court which has actually passed the decree,

2- The court which has passed the appellate degree,

3 - The court who has passed the decree but now is not in existence, so ,the decree would be executed by the court which has the jurisdiction to execute it,

4- The court who has ordered the decree but does not has the jurisdiction to execute in this case the decree would be sent to the court with jurisdiction.
It has been rightfully laid down that the execution power or say responsibility lies with the court who has passed the decree or order but there are certain unforeseen circumstances that rise and the execution of the decree is passed or transferred to another court. It can be transferred under two conditions.

- Suo motu - own condition 

- If a party submits an application for the same

It is not compulsory that the execution of decree is transferred to another court by the application of a party it depends on the discretion of the court.

 Grounds under which the execution of decree can be transferred to another court:

- If the judgement debtor resides within a certain jurisdiction or has business in that jurisdiction.
-If the judgement debtor’s property does not fall within the jurisdiction of the court of first instance
-If the decree directs delivery of such property which is outside the jurisdiction of the first instance court


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