Transfer of Decree in Law and Which Decree May be Executed under Civil Procedure Code. Section 38 of CPC a decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution.
Procedure of Transfer of Decree
(1) The Court which passed a decree may, on the application of the
decree holder,
send it for execution to another Court,
(a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or
(b) if such person has not property within the local limits of the jurisdiction of the Court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other Court, or
(c) if the decree directs the sale or delivery of immovable property situate outside the local limits of the Jurisdiction of the Court which passed it, or
(d) if the Court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other Court.
(2) The Court which passed a decree may of its own motion send it for execution to any subordinate Court of competent jurisdiction.
Difference Between a Decree and an Order
As per Lawkidunya, the primary difference between decree and order is that the decree is given in a suit, which determines the substantive legal rights of the parties concerned, the order is given in the course of proceedings, and determines the procedural legal rights of the parties concerned.
What do you Mean by Execution of Decree
As per Lawkidunya, Implementation of litigation is also known as execution. Decree means operation or conclusiveness of judgment. A decree will be executed by the court which has passed the judgment. Execution enables the decree-holder to recover the fruits of the judgment.
Limitation for Execution of Decree
As per Lawkidunya, 3-Years, an application for execution must be filed within three years of the date of the final decree, and in the case of subsequent applications, within three years of the date of the final order passed on a previous application made in accordance with law to the proper Court for execution.
How do you Execute a Money Decree
As per Lawkidunya, Order 21 rule 30 of C.P.C, every decree for the payment of money, including a decree for the payment of money as the alternative to some other relief, may be executed by detention in the Civil Prison of the judgment debtor or, by the attachment and sale of his property, or by both.
Can a Decree be Cancelled
As per Lawkidunya, a decree which has been obtained by fraud can be cancelled by the same court which has passed the decree and the application filed. The party need not to file a fresh suit. For example, the court shall call the respective parties and will decide accordingly.
Modes of Execution of Decree
As per Lawkidunya, a decree can be executed by various modes which include delivery of possession, arrest, and detention of the judgment-debtor, attachment of the property, by sale, by appointment of receiver, partition, cross-decrees, and cross-claims, payment of money etc.
Who is Transfer the Decree
As per Lawkidunya, application for execution by transferee of decree, Where a decree or, if a decree has been passed jointly in favour of two or the interest of any decree-holder in the decree transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the Court.
Difference Between Decree and Judgement
As per Lawkidunya, Decree is an adjudication conclusively determining the rights of the parties with regard to all or any of the matters in controversy, Judgment is a statement given by a judge on the grounds of a decree or order,