Civil Procedure, 1908
47. Questions to be determined by the Court executing decree .-
(1) All questions arising between the parties to the suit in which ... decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing
Procedure, 1908
39. Transfer of decree .-
(1) The Court which passed a decree may, on the application of the decree-holder, send it for execution ... which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other Court
decree, it is contended, was
still executable and should have been executed by the
executing court which was in error in relying upon the
respondent ... executing court from giving
effect to the said plea were applicable and the executing
court acted erroneously in refusing to execute the decree
for eviction
before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against ... legal representative of the deceased. (2) Where the decree is executed against such legal representative, he shall be liable only to the extent
precept to any other Court which would be competent to execute such decree to attach any property belonging to the judgment-debtor and specified ... sale of such property. Questions to be determined by Court executing decree
decree merely on the ground that after the institution of the suit wherein the decree was passed or after the passing of the decree ... every such case, such other Court shall also have jurisdiction to execute the decree, if at the time of making the application for execution
Civil Procedure, 1908
38. Court by which decree may be executed .-
A decree may be executed either by the Court which passed
learned Subordinate Judge held that
the executing court did not lose jurisdiction to execute the
decree, that the allegation about the detaching of
certificate ... execute the decree at the first attempt for non-
appearance of the decree-holder was not the total failure
to, execute the decree as contemplated
passed the decree, namely:- (a) power to send the decree for execution to another Court under section 39; (b) power to execute the decree against ... transferee of the decree; (b) in the case of a decree passed against a firm, power to grant leave to execute such decree against
Provincial Insolvency Act, 1920
52. Duties of Court executing decree as to property taken in execution
.Where execution of a decree has issued against ... before the sale thereof notice is given to the Court executing the decree that an insolvency petition by or against the debtor has been admitted
