Section 37 of CPC : Section 37: Definition of Court which passed a decree.

Explanation using Example

Example 1:

Scenario: Rajesh filed a civil suit in the District Court of Mumbai against his business partner, Suresh, for breach of contract. The District Court ruled in favor of Rajesh and passed a decree ordering Suresh to pay Rs. 10 lakhs as compensation. Suresh appealed the decision in the High Court of Bombay, but the High Court upheld the District Court's decree.

Application of Section 37:

• Court which passed the decree: For the purpose of executing the decree, the "Court which passed the decree" would be the District Court of Mumbai, even though the final decision was made by the High Court of Bombay in its appellate jurisdiction.
• Execution: Rajesh can approach the District Court of Mumbai to execute the decree and recover the Rs. 10 lakhs from Suresh.

Example 2:

Scenario: Priya filed a civil suit in the Civil Court of Pune against her tenant, Anil, for non-payment of rent. The Civil Court of Pune passed a decree in favor of Priya, ordering Anil to vacate the premises and pay the outstanding rent. However, before Priya could execute the decree, the jurisdiction of the Civil Court of Pune was restructured, and the area where the property is located was transferred to the jurisdiction of the Civil Court of Pimpri-Chinchwad.

Application of Section 37:

• Court which passed the decree: The Civil Court of Pune, which originally passed the decree, still retains the jurisdiction to execute the decree.
• Additional jurisdiction: The Civil Court of Pimpri-Chinchwad, which now has jurisdiction over the area where the property is located, also has the jurisdiction to execute the decree.
• Execution: Priya can choose to approach either the Civil Court of Pune or the Civil Court of Pimpri-Chinchwad to execute the decree and ensure that Anil vacates the premises and pays the outstanding rent.