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Code of Civil Procedure, 1908

37. Definition of Court which passed a decree.-

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.

Code of Civil Procedure, 1908 Back

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