150. Procedure on receipt of decree from another court.
(1)A decree or order received for execution from the High Court or from a court subordinate to the High Court shall be entered in the register of application for execution of decree and orders (Reg. 36). It shall on receipt be laid before the court which will pass an order more or less to the following effect:-"Let this application be put up on this day of.....................year, or earlier, if any application is received for execution."As soon as an application for execution of the same is made, alongwith such application, the documents mentioned in Order XXI, Rule 6, shall be laid before the court. 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 decree received for execution from a court not subordinate to the High Court, shall be entered in the register of applications for execution of decrees and orders (Reg. 35). It shall on receipt be laid before the District Judge who will pass an order more less to the following effect,-"Let this application be put up this ............ day of........... year of 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.The District Judge will either himself deal with the application for execution or send it to a court subordinate to him for execution. The subordinate court will proceed to execute the decree and return the papers when execution has been fully carried out or carried out as far as the decree-holder is prepared to carry it.The papers will then be returned to the District Court and laid before that court at the earliest opportunity. The record of the execution proceedings shall be retained and filed in the court which received the decree for execution, the result of the proceedings being certified to the other court as required by Section 41, of the Code.
