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.
ADVERTISEMENTS:
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.
Image Source: cdn.shareyouressays.com
Validity of execution of decree passed by High Court:
ADVERTISEMENTS:
Where a decree had been passed by High Court being a Court of competent jurisdiction, held that due to increase in pecuniary jurisdiction of High Court, High Court will not lose jurisdiction to execute decree as result there for. As such, pending execution application was not liable to be transferred to District Court.