Lawgist46Execution of decree
(1) If the village court passing a decree is unable to effect satisfaction thereof, it shall grant the decree-holder a certificate to that effect stating the amount due to him on account of the decree and the amount due on account of fees under section 45.
(2) Any decree-holder wishing to execute a decree of a village court may apply to the court of the munsiff within the local limits of whose jurisdiction the village is situated and shall present with his application a certified copy of the decree of the village court; but no application for execution shall be entertained by the court of the munsiff,—
(a) unless the village court has certified that it is a unable to effect satisfaction of the decree, and
(b) unless the application is made after the expiry of three months from the date of the decree.
(3) In executing a decree of the village court the court of the munsiff shall have the same powers and shall follow the same procedure as if it were executing a decree passed by itself.
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- 1 Short title, extent and commencement
- 2 Definitions
- 3 Constitution of Village Authorities
- 4 Qualifications for membership of Village Authorities
- 5 Disqualifications for membership of Village Authorities
- 6 Term of office of members of Village Authorities
- 7 Election of members of Village Authorities
- 8 Power to remove members of Village Authorities
- 9 Resignation of members
- 10 Filling of causal vacancies
- 11 Bar to interference by courts in election matters
- 12 Election disputes
- 13 Validation of acts and proceedings
- 14 Incorporation of Village Authorities
- 15 Control of Village Authorities by sub-divisional magistrate
- 16 Functions of Village Authorities
- 17 Obligation to assist Village Authorities
- 18 Power of Chief Commissioner to call for records of Village Authorities, sub-divisional magistrate or Deputy Commissioner
- 19 Constitution of village courts
- 20 Jurisdiction of village courts in criminal cases
- 21 How cases may be instituted
- 22 Power of village courts to dismiss or refuse to entertain complaint
- 23 Dismissal of case for default
- 24 Proceedings preliminary to trial
- 25 Bar to appeal from the order of village courts, but power to order retrial
- 26 Power of village courts to impose fine or to award compensation
- 27 Power of village to release certain offenders after admonition or on probation of good conduct
- 28 Power of village courts to permit compounding of offences
- 29 Power to transfer criminal cases
- 30 Jurisdiction of village courts in civil cases
- 31 Certain suits not to be tried by village courts
- 32 Local limits of jurisdiction of village courts
- 33 How suits may be instituted
- 34 Suits barred by limitation are not triable by village courts
- 35 Dismissal of suits for default
- 36 Summons to defendants to appear and answer
- 37 Ex parte decision
- 38 No order to be set aside without notice to opposite party
- 39 Power of village courts to determine necessary parties
- 40 Certain suits not to be tried by village courts
- 41 Decision of village courts
- 42 Instalments
- 43 Decision of village court to be final; but power to order retrial
- 44 Death of parties
- 45 Fees
- 46 Execution of decree
- 47 Limitation for execution of decree or order
- 48 Procedure before village courts
- 49 Persons who are to preside over village courts
- 50 Village courts not to try any case or suiting in which the Village authority or any member thereof is interested
- 51 Attendance of witnesses
- 52 Appearance of parties before village courts
- 53 Appearance of women
- 54 Realisation of fees, fines, etc
- 55 Registers and records
- 56 Language of village courts
- 57 Power to make rules
- 58 Repeal and savings
