Order 45 Rule 15:- Procedure to enforce orders of the Supreme Court.

  • May 19, 2021

Procedure to enforce orders of the Supreme Court. – (1) Whoever desires to obtain execution of [any decree or order] of [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 [the Supreme Courts], was preferred.
(2) Such Court shall transmit the [decree or order] of [the Supreme Court] to the Court which passed the first decree appealed from, or to such other Court as [the Supreme Court] by such [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 [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.
(3) [***]
[(4)][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.]

 

For Complete Code of Civil Procedure, 1908 Bare Act. Click here.

 

 

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