General (Section 36-37)

Section 36: Application to orders.—

The provisions of this Code relating to the execution of decrees (including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed to apply to the execution of orders (including payment under an order).


Section 37: Definition of Court which passed a decree.—

The 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,—


IMPORTANT CASE LAW

1. Scope of Section 36

Mohan v. Rohitas, (1990) 2 RLR 357: Section 36 was substituted with a view to clarify the provisions relating to the execution of a decree or order including payment under a decree or order as well. It is evident that the principle underlying the provisions of this section is that every Court has inherent power to have its order carried out, as otherwise the orders would be mere farce. The word ‘execution’ means enforcement of decrees or orders by process of Court, so as to enable the judgment-creditor to reap the fruits of the judgment or orders passed by the court in his favour. Therefore, it cannot be said that the word ‘execution’ is relevant only so far as the execution of decree is concerned.


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