CPC Section 37: Definition of Court which passed a decree
Code of Civil Procedure, 1908 · Part 2: Execution
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. [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.] C OURTS BY WHICH DECREES MAY BE EXECUTED
Official reference: Government reference hosted by Andhra Pradesh High Court — checked: 1 October 2026.Banaka editorial consolidation of the general central text, with the 2025 postal-service amendments applied. Not an official or certified edition. State/High Court variations, commercial-dispute modifications and prescribed Appendix forms are not consolidated here; consult the source and applicable court rules. Hindi learning guides are original explanations, not a statutory translation.Read the original schedule and amendment notes
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 36. Application to orders
- 38. Court by which decree may be executed
- 39. Transfer of decree
- 40. Transfer of decree to Court in another State
- 41. Result of execution proceedings to be certified
- 42. Powers of Court in executing transferred decree
- 43. Execution of decrees passed by Civil Courts in places to which this Code does not extend
- 44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend
- 44A. Execution of decrees passed by Courts in reciprocating territory
- 45. Execution of decrees outside India
- 46. Precepts
- 47. Questions to be determined by the Court executing decree
- 48. [Repealed.]
- 49. Transferee
- 50. Legal representative
- 51. Powers of Court to enforce execution
- 52. Enforcement of decree against legal representative
- 53. Liability of ancestral property
- 54. Partition of estate or separation of share
- 55. Arrest and detention
- 56. Prohibition of arrest or detention of women in execution of decree for money
- 57. Subsistence-allowance
- 58. Detention and release
- 59. Release on ground of illness
- 60. Property liable to attachment and sale in execution of decree
- 61. Partial exemption of agricultural produce
- 62. Seizure of property in dwelling house
- 63. Property attached in execution of decrees of several Courts
- 64. Private alienation of property after attachment to be void
- 65. Purchaser’s title
- 66. [Repealed.]
- 67. Power for State Government to make rules as to sales of land in execution of decrees for payment
- 68. [Repealed.]
- 69. [Repealed.]
- 70. [Repealed.]
- 71. [Repealed.]
- 72. [Repealed.]
- 73. Proceeds of execution-sale to be rateably distributed among decree-holders
- 74. Resistance to execution