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TIPS & EXPERT ADVICE ON ESSAYS, PAPERS & COLLEGE APPLICATIONS

Meaning of “Court which passed a decree”

The expression “court which passed a decree” is deemed to include—(a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the court of first instance, (b) where the court of first instance has ceased to exist, the court which would have jurisdiction to try such suit.

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Sending of Decree to other court for execution by a Court Passing a Decree—Purpose and Manner:

Section 38 and Order XXI, Rule 6, C.P.C., require that the court which passed the decree should send it to the court which is required to execute it. No particular manner of sending it is prescribed. There is nothing in the section or the rule to prevent the court passing the decree handing over the execution application to the decree-holder himself with a direction to take it to the court required to execute it. When this is done,-the requirements of the Code are complied with.

The real purpose of the provisions is that the executing court should have authority of the court which passed the decree to enable it to execute it. The vital part of the provisions is the existence of this authority and not the manner of its transmission to the other court.

Principles governing construction of decree:

Where there is no ambiguity in the terms of a decree, the court is bound to interpret it according to its plain meaning and cannot ignore its terms. Where, however, there is any ambiguity in the decree the court may and should construe the decree in order to ascertain its precise meaning. When the decree was in general terms that the suit stood decreed, it only meant that all the reliefs asked for in the plaint had been decreed.

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