Courts Executing Decrees (Rule 3 – 9)

Rule 3: Lands situate in more than one jurisdiction

Where immovable property forms one estate or tenure situate within the local limits of the jurisdiction of two or more Courts, any one of such Courts may attach and sell the entire estate or tenure.


Rule 4: Transfer to Court of Small Causes

Where a decree has been passed in a suit of which the value as set forth in the plaint did not exceed two thousand rupees and which, as regards its subject-matter, is not excepted by the law for the time being in force from the cognisance of either a Presidency or a Provincial Court of Small Causes, and the Court which passed it wishes it to be executed in Calcutta, Madras or Bombay, such Court may send to the Court of Small Causes in Calcutta, Madras or Bombay, as the case may be, the copies and certificates mentioned in Rule 6; and such Court of Small Causes shall thereupon execute the decree as if it had been passed by itself.


Rule 5: Mode of transfer

Where a decree is to be sent for execution to another Court, the Court which passed such decree shall send the decree directly to such other Court whether or not such other Court is situated in the same State, but the Court to which the decree is sent for execution shall, if it has no jurisdiction to execute the decree, send it to the Court having such jurisdiction.


Rule 6: Procedure where Court desires that its own decree shall be executed by another Court

The Court sending a decree for execution shall send—

(a) a copy of the decree;

(b) a certificate setting forth that satisfaction of the decree has not been obtained by execution within the jurisdiction of the Court by which it was passed, or, where the decree has been executed in part, the extent to which satisfaction has been obtained and what part of the decree remains unsatisfied; and

(c) a copy of any order for the execution of the decree, or, if no such order has made, a certificate to that effect.


Rule 7: Court receiving copies of decree, etc., to file same without proof

The Court to which a decree is so sent shall cause such copies and certificates to be filed, without any further proof of the decree or order for execution, or of the copies thereof, unless the Court, for any special reasons to be recorded under the hand of the Judge, requires such proof.


Rule 8: Execution of decree or order by Court to which it is sent

Where such copies are so filed, the decree or order may, if the Court to which it is sent is the District Court, be executed by such Court or be transferred for execution to any subordinate Court of competent jurisdiction.


Rule 9: Execution by High Court of decree transferred by other Court

Where the Court to which the decree is sent for execution is a High Court, the decree shall be executed by such Court in the same manner as if it had been passed by such Court in the exercise of its ordinary original civil jurisdiction.


IMPORTANT CASE LAWS

1. Applicability of Rule 8:

Juluri Venkatratnam and ors. v. Balabhadruni Chennayya and ors., AIR 1940 Mad 214 : “…..R. 8, O. 21 applies only to those cases in which the decree is sent for execution to the District Court in another District (or for that matter in the same District). In such cases the District Court is not obliged to execute the decree itself but may transfer it for execution to any subordinate Court having jurisdiction. If the decree is not sent for execution to the District Court, the District Court cannot execute it, but must merely transmit it to the Court specified in the order of the Court which passed the decree……”


CONNECTED SECTIONS

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