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State of Madhya Pradesh - Section

Section 242 in M.P. Civil Court Rules, 1961

242.

(1)The specific provision made by the Code for the execution of decrees of superior Courts of any reciprocating territory is to be found in Section 44A of the Code of Civil Procedure. Details of the notifications issued in respect of reciprocity are given in Appendix I.
(2)Besides the High Courts, all District Courts in India and all other Courts whose civil jurisdiction is subject to no pecuniary limit are considered to be superior Courts.
(3)If the decree sought to be filed in the superior Court of a reciprocating territory is of a Court lower than a District Court, it should be sealed with a seal showing that the jurisdiction of the Court is subject to no pecuniary limit.Instructions issued by Nagpur High Court regarding satisfaction of decrees - The following table illustrates the application of the terms "satisfaction obtained in full", "satisfaction obtained in part" and "wholly infructuous", and will enable the Courts to classify correctly disposed off proceedings in execution of decrees :-Table
No. Circumstances under which proceedings weredismissed Proper head
(1) (2) (3)
1. Execution entirely disallowed, because barred by theLimitation Act. Wholly infructuous
2. Execution applied for in respect of unpaid balance of a moneydecree, and amount realized in full. Satisfaction obtained in full.
3. Execution applied for in respect of three last instalments dueon decree; execution disallowed in respect of one instalment,because barred by the Limitation Act, but remaining instalmentsrealized in full. Satisfaction obtained in part.
4. During execution proceedings certain items in claim disallowedas not covered by the decree, balance realized in full. Satisfaction obtained in full.
5. Decree being against three judgement debtors, each for hisseparate share of a debt, one judgement-debtor paid in full andnothing was realized from the remaining judgement-debtors. Satisfaction obtained in part.
6. Execution applied for in respect of instalments overdue on adecree for payment by instalments, and amount realized, but otherinstalments remained to fall due under the decree. Satisfaction obtained in part.
7. Delivery made of specific movable or immovable propertydecreed but costs decreed not realized. Satisfaction obtained in part.
8. Delivery of specific movable property found impossible butcosts decreed realized. Satisfaction obtained in part.
9. Realization made, and held by the Court (with the Court Nazir,or in treasury deposit) for the decree holder, pending hisappearance to receive the same. [Satisfaction obtained in full or Satisfaction obtained inpart.] [According as the realization was in full or in part satisfaction of the decree, the relief decreed being practically obtained by the decree-holder when the amount is paid to his credit.]
10. Realization made but decree holder wholly or partiallydisentitled thereto by decree of appellate Court before the casewas dismissed. [Satisfaction obtained in full or Satisfaction obtained inpart.] [According to the result of the proceedings in execution of the original decree independent of the appellate Court's decree.]
11. Decree holder accepted fresh bond from judgement-debtor andfiled receipt in Court in full satisfaction of the decree. Satisfaction obtained in full.
12. Most of the amount decreed having been realized, balanceremitted to decree holder and decree-holder filed receipt in fullsatisfaction of claim. Satisfaction obtained in full.
13. Execution applied for in full satisfaction of decree, partpayment pleaded and admitted balance realized. Satisfaction obtained in full.
14. Part of the amount decreed realized, and case dismissed ondecree-holder's waiving further immediate execution on judgementdebtor's promise of future payment, but without certifyingacceptance of promise as adjustment of decree. Satisfaction obtained in part.
15. Nothing realized, case dismissed on decree-holder intimatinggenerally that judgement-debtor and he had come to anunderstanding but without certifying that the understandingamounted to an adjustment of the decree. Wholly infructuous.
16. At the close of ineffectual, or partially effectual,proceedings in execution, certificate of non-satisfactiontransmitted to another Court under Section 39, Civil ProcedureCode. Disposed of by the transfer; or Satisfaction obtained in part.
17. After ineffectual, or partially effectual proceedings, thecase was transferred to the Collector under Section 68, CivilProcedure Code. [Disposed of by the transfer; or Satisfaction obtained inpart.] [Result of proceedings in another Court or in the Collector's Court appears in the returns of those Courts, and not in the returns of the transmitting Court.]
18. Execution of decree enforced, both by attachment andimprisonment, but judgement debtor declared an insolvent and theattached property matte over to his assignee. Wholly infructuous.