164. Procedure on receipt of decree from another court.
(1)A decree received for execution from the High Court or from a court sub-ordinate to the High Court shall be entered in the register of applications for execution of decrees and orders (Form No. 68). It shall on receipt be laid before the court which will pass an order more or less to the following effect. - "Let this be put on this day year, or earlier, if any application is received for execution." As soon as an application for execution of the same is made, along with such application the documents mentioned in Order XXI, Rule 6, shall be laid before the court and the court to which the decree is sent shall proceed to execute the decree.The record of proceedings shall be returned to the court by which the decree was sent for execution :-(a)when the decree has been executed, wholly or in part, by the court to which it has been sent;(b)when the decree is found for any reason to be incapable of execution : or(c)if no application is made for execution, after the expiry of one year from the date on which the decree was received.In the case of (b) or (c), along with the file shall be sent a statement explaining the reason for the return of the record. In no case shall such file be consigned to the record-room of the court to which the decree has been sent for execution. The court by which the decree was sent for execution shall, on receiving back these papers, cause them to be filed with the application of the decree-holder for execution.(2)A similar procedure shall be followed when a decree is received by the District Judge for execution from a court not subordinate to the High Court except that the District Judge may send the decree together with the application for execution to a court subordinate to him which shall, after the execution has been carried out, return the papers to the District Judge. The District Judge shall consign the papers to the record-room of his court certifying the results to the court which passed the decree as required by Section 41 of the Code.(3)According to Section 44-A of the Code, a decree of any of the superior courts of any reciprocating territory may be executed as if it had been passed by the District Court, in accordance with the procedure provided therein. A list of reciprocating territories in respect of which notifications have been issued so far is given in Appendix 9.
