furnishing security by the respondent, for satisfaction of the deemed decree at this stage, as the provisions of either section 48 or of section ... enforceable is reached and recorded then only the award becomes a deemed decree of that court. The aforesaid provisions postulate and/or pre-suppose that
endorsement to the effect that the rejection of plaint is a deemed decree under Section 2(2) of CPC, and as such CMA under Order ... definition of decree become significant. Sub-section (2) of Section 2 C.P.C. defines decree as under:
"Decree" means the formal expression
into a decree of a Civil Court. The question then would arise whether such a decree of a Civil Court could be deemed or considered ... date of the decree. According to him the date of the decree forms part of the decree and that when the legislature laid down that
execution.
39. Transfer of decree.—(1) The Court which passed a
decree may, on the application of the decree-holder,
send it for execution ... decree and it is enforceable as a decree. No doubt on
the certificate being granted it resulted in a deemed decree. In
such circumstances
Civil Procedure Code would
not become a decree they made that order to be a
decree. That deeming provision is now taken ... decree-holder, is resisted or obstructed in execution
of the decree for possession with the result that the
decree for possession could not be executed
also clothed with the character of a deemed decree.
The provisions of Section 19 (22A) of the 1993 Act specifies :
“ Section 19 Application ... years. [When] the decree or
of any decree order becomes
(other than a enforceable or where
decree granting a the decree or any
mandatory subsequent
held that the arbitral award
would operate as a deemed decree passed by the High Court. In terms of the said
order passed ... Award is enforceable in
India and shall operate as a deemed decree and this Honourable Court shall
proceed to execute the same, subject
held that the arbitral award
would operate as a deemed decree passed by the High Court. In terms of the said
order passed ... Award is enforceable in
India and shall operate as a deemed decree and this Honourable Court shall
proceed to execute the same, subject
Usufructuary Gift Deed dated 25/04/34 as a
Deemed Decree;
(ii) to grant leave to execute the Deemed Decree ... Notary,
and the said document under French Law was a Deemed Decree
and therefore, the respondents/petitioners are legally
empowered to execute the said decree
Usufructuary Gift Deed dated 25/04/34 as a Deemed Decree;
(ii) to grant leave to execute the Deemed Decree ( Section ... Notary, and the said document under French Law was a Deemed Decree and therefore, the respondents/petitioners are legally empowered to execute the said decree
