N. Tombi Singh v. Mutum Ongbi Meipak Devi and another
1994-01-12
H.K.SEMA
body1994
DigiLaw.ai
Judgement ORDER:-This revision is directed against an order dated 6-10-1993 (Annexurt 2) passed by the learned Munsiff, Imphal, Manipur in Judicial Misc. Case No.61 of 1993. 2. I have heard Mr. N. Kerani Singh, learned counsel for the revisionist and Mr. A. Nilamani Singh, learned counsel for the respondents. 3. The learned Munsiff rendered its order the operative portion of which runs as under: Accordingly it is hereby ordered that, the police assistance to provide for enforcement and maintenance of the order dated 18-1-1993 of the learned District Judge, Manipur East in Misc. Civil Appeal Case No. 7 of 1992). 4. This order has been assailed as according to Mr. N. Kerani Singh the learned Munsiff has passed the order without any jurisdiction vested in him. According to him under O. XXXIX, R. 2A the Court passing the order can execute the order and the learned Munsiff is not empowered to pass the impugned order. He further submits that the order dated 18-1-1993 was passed by the learned District Judge, Manipur East in Civil Appeal Case No. 7 of 1992 and it is only the learned District Judge, Manipur East can enforced the order. 5. As against this Mr. A. Nilamani Singh referred to the provision of Ss. 36, 37 and 38 of the Code of Civil Procedure and submits that the learned Munsiff is competent to pass the order. 6. Section 36 of the Code deals with the execution of decree in general and provides that execution of decree is deemed to include the execution of the order. Section 37 of the Code defines the expression "Court which pass the decree" and includes. (a) where the decree to be executed has been passed in exercise of the appellate jurisdiction, the Court of first instance. Further S. 38 of the Code deals with the Courts by which decree may be executed and provides that a decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution. 7. A fascicule reading of Ss. 36, 37 and 38, it clearly posits that (a) execution of decree includes the execution of the order.
7. A fascicule reading of Ss. 36, 37 and 38, it clearly posits that (a) execution of decree includes the execution of the order. (b) the decree passed in exercise of the appellate jurisdiction can be executed by the court of first instance and (c) the decree may be executed by the Court which pass it, or by the court to which it is sent for execution. 8. In view of the provisions made in Sections 36, 37 and 38 of the Code as discussed above learned Munsiff is empowered to pass the impugned order. In the result, there is no merit in this revision petition and the same is accordingly dismissed. Interim order dated 3-11-1993 stands vacated. Petition dismissed.