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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

Under the Code of Civil Procedure, 1908, how do the provisions on execution of decrees apply to orders passed by a court?

Section 36 makes the execution provisions for decrees, including those on payment, apply so far as they are applicable to orders, including payment under an order. Orders are therefore executed like decrees, without a fresh suit and without limits by court level or type of order.

  1. AThey apply, so far as they are applicable, to execution of orders, including payment under an orderCorrect
  2. BThey never apply, because orders can only be enforced by a fresh suit
  3. CThey apply only to orders made by appellate courts
  4. DThey apply only to orders directing payment of money, and not to any other kind of order

Explanation

Section 36 provides that the Code's provisions on execution of decrees, including payment under a decree, are deemed to apply so far as applicable to execution of orders, including payment under an order. It is not limited to appellate courts or to money orders, and no fresh suit is needed.

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