CPC Section 37 — Definition of Court which passed a decree

Civil

Summary

When a law refers to the "Court which passed a decree," this term can also mean the original trial court, even if the decree was issued by a higher court on appeal. If the original trial court no longer exists or cannot handle the execution, then the court that would have had authority to hear the original lawsuit at the time of the execution request is considered the proper court. Additionally, if an area is moved from one court's jurisdiction to another after the lawsuit or decree, the original court still has the power to execute the decree, but the new court also gains that power if it would have had authority over the original lawsuit at the time of the execution request.

Official Text

The expression "Court which passed a decree," or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or context, be deemed to include,

(a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the Court of first instance, and

(b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the Court which, if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree, would have jurisdiction to try such suit.

Explanation.-- The Court of first instance does not cease to have jurisdiction to execute a decree merely on the ground that after the institution of the suit wherein the decree was passed or after the passing of the decree, any area has been transferred from the jurisdiction of that Court to the jurisdiction of any other Court; but, in every such case, such other Court shall also have jurisdiction to execute the decree, if at the time of making the application for execution of the decree it would have jurisdiction to try the said suit.