Execution of a judgement having operative part ?

[Ravish Chandra]

Hi

In a Civil Suit judgement was passed having operative part but no decree was drawn. Is it possible now to get it executed without there being a decree ?

[Dr. Ashok Dhamija]

In the absence of knowledge of detailed facts, it is not possible to comment in the specific facts of your case.

But, generally speaking, the answer to your question is “yes” and in this regard, I may point out that Section 36 of the Civil Procedure Code specifically provides that “The provisions of this Code relating to the execution of decrees (including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed to apply to the execution of orders (including payment under an order).

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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