1991 (10) TMI 230

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....atha Shetty, J. - This revision petition is directed against the order of the lower court dated April 18, 1988, made in an unnumbered execution case on the file of the Munsiff, Kunigal. At the time of admission, notice has been ordered ; the respondent has failed to appear in spite of the service of notice and he has been treated as ex parte. The facts in this case are that the petitioner-decree-h....

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....is court in view of section 38 of the Civil Procedure Code, which says that a decree may be executed either by the court which passed it or by the court to which it is sent for execution and further held that the language of section 38 is very clear and unless the order is transferred to this court for execution, this court has no jurisdiction to execute the same. Accordingly, the lower court has ....

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....the court for execution. But the learned munsiff has said that unless there is a transfer as contemplated under section 38 of the Civil Procedure Code, the court has no jurisdiction to execute the decree. The provision of section 635 makes it clear that it is sufficient to produce to the court, which is required to execute its order, a certified copy of the order sought to be executed. The proc....

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....ivil Procedure Code, and Order 21, rules 4 and 5 of the Civil Procedure Code and get the order first transferred by the court which made it to the court which is to enforce it and then make an application to execute it. Where the order made by the company court is required to be enforced by another court, a mere production of a certified copy of the order is sufficient without getting the order tr....