Supreme Court · 1980 INSC 183 · Decided 16 September 1980
Mahadeo Prasad Singh & ANR. v. Ram Lochan & ORS.
- Court
- Supreme Court of India
- Citation
- 1980 INSC 183 · [1981] 1 S.C.R. 732
- Case number
- CIVIL APPEAL No. 1831/1973
- Decided
- 16 September 1980
- Bench
- R.S. SARKARIA, R.S. PATHAK (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 42, 38, 51
Headnote
Code of Civil Procedure-Section 42 as amended by U. P. Civil Laws (Reform and Amendment) Act, 19:54-For executing a decree transferee court -....,._ "shall have the same powers as the court which passed it"-Decree passed by Court of Small Causes transferred to Munsif for execution after be said to have had a substantive right to get the decree transferred to the Munsif's court for execution. A decree, according to section 38 of the Code of Civil Procedure, may b~ executed either by the Court which passed it or by the Court to which it is sent for execution. Section 39(1 )(d)
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