Mera Samvidhaan All of Code of Civil Procedure, 1908

Order XLV · Appeals to the Supreme Court

15Procedure to enforce orders of the Supreme Court.

Order 45, Rule 15

(1) Whoever desires to obtain execution of 2[any decree or order] of 1[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 1[the Supreme Court] was preferred.

(2) Such Court shall transmit the 3[decree or order] of 1[the Supreme Court] to the Court which passed the first decree appealed from, or to such other Court as 1[the Supreme Court] by such 3[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 3[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.

4* * * * *

1[(4) 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 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.]

Page 229

1 Subs. by the A.O. 1950, for “His Majesty in Council”.

2 Subs. by the A.O. 1950, for “any order”.

3 Subs. by ibid., for “order”.

4 Sub-rule (3) omitted by the A.O. 1950.

Page 230

1 Ins. by Act 26 of 1920, s. 5.

2 Subs. by the A.O. 1950, for “Unless His Majesty in Council is pleased otherwise to direct, no order of His Majesty in Council”.

Order 45, Rule 15 of The Code of Civil Procedure, 1908 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.