Direct execution after territorial reorganisation is maintainable where the original court lacks effective jurisdiction to enforce the decree.

After territorial reorganisation, where the court that passed the decree can no longer execute it according to its tenor because the subject-matter now falls within another court's territorial jurisdiction, Section 37 of the Code of Civil Procedure allows the decree-holder to proceed directly before the competent court. Sections 37 and 38 were read as enabling execution, not confining the decree-holder to a single procedural route, and Section 39 was held unnecessary as a prior step in such circumstances. Section 150 did not apply merely because territory was transferred. The objection to the receiving court's jurisdiction therefore failed, and the direct execution application was maintainable.

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Issues: Whether, after territorial reorganisation, the Court within whose limits the property had been transferred could directly entertain execution of the decrees without a transfer order from the original decreeing Court.

Analysis: Sections 37, 38 and 39 of the Code of Civil Procedure were construed as facilitating execution rather than restricting the decree-holder to a single procedural route. Section 38 preserves the power of the Court which passed the decree to execute it, while section 37 enlarges the expression "Court which passed a decree" so as to include, in appropriate cases, the Court which would have had jurisdiction to try the suit if it had been instituted at the time of execution. On this construction, where the original Court has lost jurisdiction to execute the decree according to its tenor because the subject-matter now lies wholly within another Court's territorial jurisdiction, the decree-holder may proceed directly before the competent Court under section 37, and need not necessarily first obtain a transmission order under section 39. Section 150 did not assist, as transfer of territory by itself does not establish transfer of court business.

Conclusion: The direct execution application before the Sunam Court was maintainable and the objection to its jurisdiction failed.

Ratio Decidendi: Where, after a decree, the original Court cannot effectively execute it according to its tenor because of loss of territorial jurisdiction over the subject-matter, section 37 of the Code of Civil Procedure gives the decree-holder an additional right to apply directly to the Court that can execute the decree, without first invoking section 39.

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