Section 37 of CPC : Section 37: Definition Of Court Which Passed A Decree

Explanation using Example

Imagine a scenario where Mr. Sharma wins a property dispute case in a District Court. The losing party, Mr. Gupta, appeals to the High Court, which upholds the District Court's decision. Now, Mr. Sharma wants to execute the decree to get possession of the property.

Under Section 37 of The Code of Civil Procedure, 1908, Mr. Sharma can apply for the execution of the decree not only in the High Court (which passed the appellate decree) but also in the District Court (the Court of first instance). This is convenient for Mr. Sharma as the property and both parties are located within the jurisdiction of the District Court.

Moreover, if the District Court was to be dissolved or restructured after the decree was passed, Mr. Sharma could still execute the decree in whatever court would have been competent to hear the original suit at the time of his application for execution.