Legislative Dictionary - C

Judicial Dictionary


Legislative Dictionary


Court which passed a decree

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CategoryC
TitleCourt which passed a decree
DetailsThe 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.

[See section 37, the Civil Procedure Code, 1908 (Act No. V of 1908)].

Created OnJune 4, 2011, 5:42 AM
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