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Bare acts > Code of Civil Procedure, 1908 > Order 45 Rule 15
 
   


 

15. Procedure to enforce orders of the Supreme Court.- (1) Whoever desires to obtain execution of any decree or order] of the Supreme Court shall apply by petition, accompanied by a certified copy of the decree passed or order made in appeal and sought to be executed, to the court from which the appeal to the Supreme Court was preferred.

(2) Such court shall transmit the decree or order of the Supreme Court to the Court which passed the first decree appealed from, or to such other court as the Supreme Court by such decree or order may direct and shall (upon the application of either party) give such directions as may be required for the execution of the same; and the Court to which the said decree or order is so transmitted shall execute it accordingly, in the manner and according to the provisions applicable to the execution of its original decrees.

Sub-rule (3) omitted by AO 1950

(4) Unless the Supreme Court otherwise directs, no decree or order of that court shall be inoperative on the ground that no notice has been served on or given to the legal representative of any deceased opposite party of deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the court whose decree was complained of or at any proceedings subsequent to the decree of that court, but such order shall have the same force and effect as if it had been made before the death took place.


HIGH COURT AMENDMENTS

Allahabad.- For Rule 15 (1) substitute the following:

“Rule 15 (1). Whoever desires to obtain:

(a) execution of any order of the Supreme Court, or

(b) where an appeal has been dismissed by the Supreme Court for want of prosecution, an order of the Court from which the appeal to the Supreme Court was preferred terminating proceedings and determining the costs, shall apply to the said Court by a petition, accompanied by a certified copy of the decree passed or order made by the Supreme Court of which execution is desired or to which effect is to be given and a memorandum of all costs incurred in India that are claimed in pursuance thereof”.

Andhra Pradesh.- (a) Substitute the following for sub-rule (1) of Rule 15:

[Same as Rule 15 (1) and Explanation as substituted in Madras]:


(b) Delete sub-rule (2): and

(c) Renumber sub-rule (4) as sub-rule (2), (28.2.1957).

Bombay, (Dadra and Nagar Haveli), Goa, Daman and Diu.- In Order XLV, for the existing Rule 15 and its marginal note, substitute the following as Rule 15 and marginal note;

“15. Procedure to enforce order of the Supreme Court.— (1) (a) Any decree passed or order made by the Supreme Court in exercise of the appellate jurisdiction including any order as to the costs of and incidental to, and proceedings in that Court shall be enforceable in accordance with the provisions of law for the time being in force relating to the enforcement of the decrees or orders of the Court or Tribunal from which the appeal to the Supreme Court was preferred or sought to be preferred.

(b) The costs incurred in the High Court as incidental to the Supreme Court appeal including the costs in the application for leave to appeal to the Supreme Court shall be recoverable where awarded, by execution of the order of the High Court in the same manner in which the decree or order of the High Court from which the appeal to the Supreme Court was preferred or sought to be preferred would have been executed.

(2) Unless the Supreme Court otherwise directs no decree or order of that Court shall be inoperative. on the ground that no notice has been served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing of the Court whose decree was complained of or at any proceedings subsequent to the decree of that Court but such order shall have the same force and effect as if it had been made before the death took place. (1.10.1983) and (1.4.1987).

Karnataka.- For Rule 15, delete sub-rules (1) and (2), (30.3.1967).

Madras and Pondicherry.- (i) Substitute the following for the existing sub-rule (1):

“15 (1) Whoever desires to obtain execution of any appellate decree or order of the Supreme Court shall apply by petition accompanied by a certified copy of the said decree or order to the Court of first instance.

Explanation - The Court of first instance in this rule shall mean the Court in which the suit or proceedings was first instituted and where such Court has ceased to exist or to have jurisdiction to execute it, the Court which if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree would have jurisdiction to try such suit.” (28.5.1958)

(ii) Delete sub-rules (2) and (3) and renumber the present sub-rule (4) as sub-rule (2).

 

 

 

 

 

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