Civil Procedure Code - Courts which can execute a decree

Decree could be domestic or foreign.

Section 37 to 43 deals with Courts which can execute a domestic decree. 

Section 44A and 45 talks about foreign decrees.

What does "Court which Passed decree" Mean?

Domestic decrees can be executed by decree passing court or transferee court.

Section 37 states what "Court which passed a decree" mean. This court could be court of first instance like Civil Court, Small Cause Court, or appellate court like High Court/Supreme Court.

Sometimes jurisdiction of certain courts ceased. For example after passing of Consumer Act, Consumer Court have jurisdiction over consumer matters. 

So before such Court coming into existence, if decree was passed by Civil Court related to consumer matter, then after Consumer Court establishment, Consumer Court can be termed as "Court which passed a decree".

To summarize section 37:

Decrees can be executed by courts which have passed a decree. However in certain case decree can be transferred to another court for execution. Then such transferee court can also execute a decree.

When decree can be transferred ?

Decree can be transferred in below cases:

1) When judgment debtor resides or carry out business outside the jurisdiction of decree passing court.

2)When judgment debtor has no property in the jurisdiction of passing court, but have property outside the jurisdiction.

3) When decree is related to delivery of property which is immovable and it is located outside the jurisdiction of the passing court

4) Any other reason!! more power to court..!!  

To summarize: 

What are the powers of Transferee Court?

Below are power of transferee court under Section 42.

Transferee court have all the power which requested court have.

Regarding exception 2, it mean when decree is against the firm and transferee court cannot issue order against any other person apart from the persons who are mentioned in Rule 50 of order 21.

What details should be sent to transferee court?

Here is the small list.

Few words about Section 40 and 41

 About foreign decrees

Section 44A and 45 deals with Foreign decrees.

Section 44A uses the word reciprocating territories. If decrees passed in reciprocating territories are sent for execution in India, those decrees can be executed as if those are domestic decrees.

Well, what are reciprocating territories? These are countries with which our country kind of have an agreement like "We will execute your decrees, you execute our decrees". 

Conclusion

Section 37-45 deals with courts which can execute a decrees. It talks about a situation when decrees can be transferred. It also deals with provisions about execution of foreign decrees, and execution of domestic decrees in foreign territory.