Court by which a decree may be executed

One decree, two possible courts. Section 38 says a decree may be executed by the court that passed it — or by the court it is sent to.

§ 38

Part II · Execution · General

How to read Section 38

What it does

Names the two courts that may execute a decree — and no others.

The two forums

The court which passed the decree (see § 37), or the court to which it is sent for execution.

Why it matters

It is the gateway to transfer: the second forum exists only because §§ 39–42 let a decree be sent elsewhere to be executed.

The bare Act

Courts by which decrees may be executed
38. Court by which decree may be executed.

A decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution.

Key terms decoded

Court which passed it

The court that made the decree — in the § 37 sense.

Court to which it is sent for execution

A transferee court that receives the decree under § 39 to execute it.

Two courts, one decree

Forum 1The Court which passed itIdentified by § 37 — the court that pronounced the decree, or its statutory stand-in. Open § 37 →

Forum 2The Court it is sent toA different court the decree is transferred to for execution — the transferee court (see § 39, coming).

Section 38, phrase by phrase

PermissionA decree may be executedExecution is available as of right — “may” marks the avenue, not a discretion to refuse a valid decree.

Forum 1either by the Court which passed itThe first competent court — the court of origin, as § 37 identifies it.

Forum 2or by the Court to which it is sent for executionThe second — a transferee court the decree is sent to under § 39. The “either…or” makes them alternatives: the decree-holder may use either.

Two doors to execution

A decree-holder may knock on either door — both courts are competent to execute.

A note on provenance

Unamended

Section 38 stands as enacted in the original Code of 1908 — it has not been amended. It does the spadework for the transfer provisions that follow: § 39 lets the court that passed a decree send it to another court, and § 38 makes that second court a competent executing court.

How Section 38 connects

Section 38 is the junction between “who passed it” and “where it is sent.” The live links open the provisions on either side.

§ 37Court which passed a decreeDefines the first forum.

§ 36Application to ordersExecution machinery, extended to orders.

§ 2(2)DecreeThe thing being executed.

Where can you execute? — two answers

The court that passed the decree (§ 37 tells you which court that is); or
The court the decree has been sent to for execution (under § 39).

Ahead in Part II: § 39 (transfer of decree for execution) → · § 40 (transfer to a Court in another State) · § 42 (powers of the transferee Court).

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