The Indian Legislature frames statutes to cater to the needs and protection of
the people at large to achieve goals such as for its security, subsistence,
abundance and equality. However, it is the judiciary that expands or restricts
the scope and meaning of those statutory provisions through its interpretation.
In light of this, the authors try to analyze the meaning, scope and
applicability of Sections 37-45 of the Civil Procedure Code, 1908 through
37. Definition of Court which passed a decree-
The expression Court
which passed a decree
, or words to that effect, shall, in relation to the execution
of decrees, unless there is anything repugnant in the subject or context, be
deemed to include,
(a) where the decree to be executed has been passed in the exercise of appellate
jurisdiction, the Court of first instance, and
(b) where the Court of first instance has ceased to exist or, to have
jurisdiction to execute it, the Court which, if the suit wherein the decree was
passed was instituted at the time of making the application for the execution of
the decree, would have jurisdiction to try such suit.
The Court of first instance does not cease to have jurisdiction to
execute a decree merely on the ground that after the institution of the suit
wherein the decree was passed or after the passing of the decree. any area has
been transferred from the jurisdiction of that court to the jurisdiction of any
other court; but, in every such case, such other court shall also have
jurisdiction to execute the decree, if at the time of making the application for
execution of the decree it would have jurisdiction to try the said suit.
The explanation was inserted in 1976, which provides an answer to the question
as to which of the two courts would have jurisdiction to execute the decree,
where an area is transferred from the jurisdiction of the court of first
instance to the jurisdiction of another court.
Court Which Passed A Decree
Section 38 indicates the courts by which decrees may be executed. A decree may
be executed either by the court which passed it, or by the court to which it is
sent for, execution. It may also be executed by the court to which it is
transferred under section 24 above. The present section explains the meaning
of the expression Court Which passed a decree.
The expression Court which passed a decree includes not only the court which
actually passed the decree, but the courts mentioned in clause (a) and (b) of
the present Section. The following rules are deducible from this section and s
- Where the decree to be executed is a decree of a court of first
instance, the proper court to execute it is the court of first instance.
- Where the decree to be executed is a decree passed by a court of first
appeal, the proper court to execute it is also the court of first instance.
- Where the decree to be executed is a decree passed by the High Court in
second appeal, then also the proper court to execute it is the court of firm
- Where the court of first instance has ceased to exist, or ceased to have
jurisdiction to execute the decree, the only court that can execute the
decree is the court which at the time of making the application for
execution would have had jurisdiction to try the suit in which the decree
was passed. The application for execution must be made to that court.
The definition is inclusive and it enlarges its scope with a view to afford
greater facilities to a decree holder so that he can get the fruits of his
Where, after passing of the decree by court A, the territorial jurisdiction is
transferred to court B, it is settled law that court A has jurisdiction to
entertain the execution application, but court A must transfer the same for
execution to court B. having the jurisdiction. The question arises whether court
B in the above case, has the jurisdiction to entertain an application for
execution of the decree passed by court A without a formal transfer. On this
question a decisions are conflicting, one view being that court B cannot
entertain the application unless it is transferred to it by court A,and the
other being that it can entertain the application without any transfer by court
A. The Supreme Court, while leaving this question open, has held that the
objection to jurisdiction can be waived. The waiver has to be by the affected
Ceased To Have Jurisdiction To Execute
A court does not cease to have jurisdiction to execute its decree because it is
abolished and re-established,or merely because its business is transferred by
the district judge under the Act constituting it, to another court, or
because the area in which the judgment-debtor resides is transferred from its
jurisdiction to that of another court.
If, after a court has passed a decree,
the local area in which the property is situated is transferred to a different
court, the decree-holder can apply for execution to the latter court, and that
court can directly entertain an application for execution without an order of
transfer by the court which had, in fact, passed the decree. The transfer of
local area, automatically gives jurisdiction to the court to which the area has
Property Beyond Jurisdiction
for the matters related to property beyond jurisdiction, the case of Shaba
Yeshwant Naik v. Vinod Kumar Gosalia is a landmark judgment which says that the
court passing the decree cannot attach property outside its local
In s 37, the expression Court which passed the decree includes a court newly
established having jurisdiction over a part of the territory. The latter
court can execute the decree without a transfer of the decree to it. In an
earlier decision, the Mysore High Court had taken the contrary view but,
after the 1976 amendment this is no longer tenable. The newly created court also
acquires jurisdiction besides the court which passed the decree. The effect
of the 1976 amendment is that the court which passed the decree and the newly
established court both have jurisdiction.
A preliminary decree though a decree, is not capable of execution normally till
a final decree is passed, and in that sense, the court dealing with a
preliminary decree may not be designated in law as an executing court within the
meaning of S. 37.
38. Court by which decree may be executed. --A decree may executed either by the
Court which passed it, or by the Court to which it is sent for execution.
Jurisdiction of Court Executing A Decree
The following are the leading rules relating to the jurisdiction of courts
No court can execute a decree in which the subject-matter of the suit of the
application for execution is property situate entirely outside the local
limits of its jurisdiction.
Territorial jurisdiction, in other words, is a condition precedent to a court
executing a decree. Merely because a security bond has been furnished to the
court Which passed the decree, the court cannot order sale of property, not
situated in its jurisdiction. The decree-holder must obtain transfer of the
decree. But the executing court can appoint a Receiver for properties
situate outside its jurisdiction.
The court which passed a decree for the enforcement of a mortgage of immovable
property has the power to order the sale of such property in execution of its
decree, though it may be situate beyond the local limits of its jurisdiction.
A sues B in a court in district X on a mortgage of two properties, one situate
in district X and the other in district Y. A decree is passed for the sale of
both the properties. The court in district X having jurisdiction to entertain
the suit in respect of the property situate in district Y, also has that
jurisdiction to sell that property in execution of its decree, though the
property is situated beyond its jurisdiction. It is not bound to send the decree
for execution as regards the property in district Y to the court of that
district under s 39(c) but it may do so. In the latter case, the decree as
regards the property in district Y may be executed by the court of district
Where after the passing of a decree in a suit for the enforcement of a
mortgage, the whole of the immovable property included therein falls by
transfer of jurisdiction, within the local limits of the jurisdiction of another
court, the application for the execution of the decree may be made either to the
court which passed the decree (though the pr0perty is no longer within its
jurisdiction), or to the court within the local limits of whose jurisdiction the
immovable property falls by such transfer. But where the application is made to
the former court it should not itself order the property to be sold, but should
transfer it to the latter court for passing and executing the order for
The question of whether a court to which a decree has been sent for execution,
has the jurisdiction to execute the decree if the amount exceeds the pecuniary
jurisdiction of the Court has been decided by various High Courts and they have
taken separate views. The Allahabad High Court in Shanti Lal v. Mt Jamni Kuer, approved
the decision of the Madras High Court that it can exceed the pecuniary
jurisdiction. The High Courts of Calcutta, Bombay and Patna have however taken a
A court to which execution of a decree is transferred, has no jurisdiction to
order either the attachment or sale of immovable property in execution if at the
time of the Order such court had no territorial jurisdiction over the
Powers of Executing Court
A court executing a decree cannot go behind the decree. The court must take the
decree as it finds it. It cannot entertain any objection that the decree is
incorrect on law or on facts, because until the decree is set aside by an
appropriate proceedings in appeal or in revision, a decree even if erroneous, is
binding between the parties. It has to see thee decree as it is and execute it
in accordance with the terms therein. It cannot question the correctness or
legality of the directions. However, if the court which passed the decree
has no inherent jurisdiction, the decree is incapable of execution. Dealing
with this question, the Supreme Court observed in Kiran Singh v. Chaman
 that a decree passed by a court without jurisdiction is a nullity and
that its invalidity could be set up wherever and whenever it is sought to be
enforced whether in execution or in collateral proceedings.
39. Tranfer of decree-
- The Court which passed a decree may, on the application of the
decree-holder, send it for execution to another Court—
(a) if the person against whom the decree is passed actually and voluntarily
resides or carries on business, or personally works for gain. within the local
limits of the jurisdiction of such other Court, or
(b) if such person has not property within the local limits of the jurisdiction
of the Court which passed the decree sufficient to satisfy such decree and has
property within the local limits of the jurisdiction of such other Court, or
(c) if the decree directs the sale or delivery of immovable property situate
outside the local limits of the jurisdiction of the Court which passed it, or
(d) if the Court which passed the decree considers for any other reasons, which
it shall record in writing, that the decree should be executed by such other
- The Court which passed a decree may of its own motion send it for
execution to any subordinate Court of competent jurisdiction.
- For the purposes of this section, a Court shall be deemed to be a Court
of competent jurisdiction if, at the time of making the application for the
transfer of decree to it, such Court would have jurisdiction to try the suit
in which such decree was passed.
- Nothing in this section shall be deemed to authorise the Court which passed
a decree to execute such decree against any person or property outside the local
limits of Its jurisdiction.
The court to which the decree is sent is the another court
within the meaning
of s. 39 that court must be a court in India. Such court must be of
competent jurisdiction i.e., it must be a court which, at the time of transfer
of decree, would have the jurisdiction to try the suit wherein the decree was
passed. It does not mean a court of equal jurisdiction. Decrees cannot be
sent to courts outside India except in the case for which S.45 makes a special
Jurisdiction of The Transferee Court
The transferee court gets jurisdiction to execute the decree only when there is
an order of transfer of decree by the court which passed the decree. After the
transfer of a decree, the transferee court has all the powers to execute the
decree as if it had been passed by the transferee court and it is the transferee
court which will decide all questions arising in execution proceedings.
The whole decree must be transferred. A part of the decree cannot be sent to
another court for execution.
40. Transfer of Decree to Court in another State-
Where a decree is sent for
execution in another State it shall be sent to such Court and executed in such
manner as may be prescribed by rules in force in that State.
Executed In Such A Manner As May Be Prescribed By Rules In Force In That
The manner of execution is that of the court which executes the decree, but
rules of limitation regarding execution of the decree are governed by the laws
applicable to the court.
It has accordingly been held that when a decree passed by the Madras High Court
was transferred for execution to a court in the State of Mysore, the judgement-debtor
was not entitled to relief under the Mysore Agriculturists Relief Act as that
was a matter of substantive right.
The word rules
in the section means rules framed under s. 122. Where no rules
have been framed under s. 122, the decree does not become inexecutable. The
execution in such cases would be governed by the rules in the First
Section 41 states the result of execution proceedings to be certified
The Court to which a decree is sent for execution shall certify to the Court
which passed it the fact of such execution, or where the former Court fails to
execute the same the circumstances attending such failure.
The court must certify the result of the execution to the court which passed the
decree and transferred it for execution. In Inderchand v. Baansropan
transferee court ceases to have seizin of the execution proceeding when the
certificate is sent and until then, the decree rests in it.
In Basheer Ahmad v. Padmanabha
, it was held that the court has no power to
issue a certificate under this section so long as the execution case is pending
before it. A certificate has to be issued under this section only when the
transferee court has executed the decree.
In Prahlad v. Thakur
, the court
held that where the transferee court has failed to execute the decree, it must
certify the circumstances attending on such failure.
The act of certification is a judicial and not an administrative one. The mere
sending of a copy of the order of dismissal without a non-satisfaction report is
not compliance with section 41. The certificate required by the section
enjoins the transferee court to apply its mind and affirm the statement of fact
that execution was either made or could not be made after bona fide efforts to
do so. The provisions of this section are mandatory and therefore the transferee
court has to strictly adhere to them.
Section 42 states the powers of court in executing transferred decrees
- The Court executing a decree sent to it shall have the same powers in
executing such decree as if it had been passed by itself. All persons
disobeying or obstructing the execution of the decree shall be punishable by
such Court in the same manner as if it had passed the decree. And its order
in executing such decree shall be subject to the same rules in respect of
appeal as if the decree had been passed by itself.
- Without prejudice to the generality of the provisions of sub-section (1)
the powers of the Court under that subsection shall include the following
powers of the Court passed the decree, namely:—
(a) power to send the decree for execution to another Court under section 39;
(b) power to execute the decree against the legal representative of the deceased
judgment-debtor under section 50;
(c) power to order attachment of a decree.
- A Court passing an order in exercise of the powers specified in
sub-section (2) shall send a copy thereof to the Court which passed the
- Nothing in this section shall be deemed to confer on the Courts to which
a decree is sent for execution any of the following powers, namely—
(a) power to order execution at the instance of the transferee of the decree;
(b) in the case of a decree passed against a firm, power to grant leave to
execute such decree against any person other than such a person as is referred
to in clause (b), or clause (c), of sub-rule (1) of rule 50 of Order XXI.
Powers of court executing transferred decree-
The court executing a transferred decree has the same powers as if the decree
had been passed by itself. In Jonalagadda v. Sivaramakrishna Rao
, it was
held that it can sell properties outside its territorial jurisdiction under the
same circumstances under which the transferor court could. Successive execution
applications must be made to the transferee court and its jurisdiction continues
- the execution proceeding is withdrawn from it or
- it has certified execution or execution as far as possible, or failure
to execute under section 41.
The mere striking off or rejection of an execution application for some
informality in the application does not terminate the jurisdiction of the
transferee court to execute the decree or render it necessary to send a
certificate to the transferor court.
If the application is dismissed for
non-prosecution and a certificate of failure of execution is sent, the only
court that can entertain a fresh application is the court that passed the
decree. Where a decree passed by court A is transferred for execution to court
B, court B can execute the appellate decree without a further order or transfer
from court A after the decree is confirmed or modified in appeal. The
transferee court can decide when executing a decree for specific performance,
whether the defendant is in a position to perform his part.
Section 42(2) declares that the transferee court has the power to (i) send
the decree for execution to another court (ii) execute the decree against the
legal representative of the deceased judgment-debtor, and (iii) order attachment
of a decree and if the transferee court exercises any such power, it has to
transmit a copy of its order to the court which passed the decree under Section
Limitation on the powers of the transferee court-
The jurisdiction of the transferee court is limited to the execution of the
decree transferred to it and its powers are limited in the same way as if it
were its own decree. It cannot entertain an objection as to the legality or
correctness of the decree, not that the decree is defective, or that it was
obtained by fraud or that it directs a sale of property which is not
saleable under section 60 of the Civil Procedure Code. It cannot alter, vary
or add to the terms of the decree, or allow future interest where none it
allowed by the decree, nor can it question the right of a transferee of a
decree whose name is on the record as the person entitled to execute it. It
can, however, refuse to execute the decree if it finds that the decree was
against a dead person. It cannot stay execution under Order 21, rule 29.
The transferee court has no power to question the jurisdiction of the court that
passed the decree. If the court that passed the decree has made an order for
execution, the transferee court cannot question the legality or propriety of
that order. It cannot, therefore, entertain an objection that the execution of
the decree was barred by limitation at the time when the order for execution was
made. Even when the transferor court merely makes an order for transfer
without deciding the question of limitation, the matter is constructively res
judicata and hence, not open for consideration in the transferee
court. However, if the court transferring a decree enters a wrong amount in
the certificate, the court executing the decree can correct the error.
Power of the transferor court after transfer of the decree-
After transferring a decree to another court for execution, the court which
passed the decree cannot itself execute it, and an application for execution
made to it after the transfer and before a certificate of non-satisfaction under
section 41 has been returned, is not even a step in aid of execution so as to
Section 43 states the execution of decrees passed by Civil Courts in places to
which this Code does not extend
Any decree passed by any Civil Court established in any part of India to which
the provisions of this Code do not extend, or by any Court established or
continued by the authority of the Central Government outside India, may, if it
cannot be executed within the jurisdiction of the Court by which it was passed,
be executed in the manner herein provided within the jurisdiction of any Court
in the territories to which this Code extends.
Under this section, read with sections 44 and 45, the Indian courts have power:
- to execute decrees of those Indian courts to which the Code does not
apply, such as Schedule Districts;
- to execute decrees of civil courts outside India, which are established
by the authority of the Central Government;
- to execute the decrees of revenue courts in any part of India, to which
the provisions of the Code do not apply;
- to execute decrees of Indian courts in the state to which the state
government has notified that section 45 would apply.
Section 45 contemplates courts established by the Central Government. The words
any pan of India to which the provisions of this Code do not extend have been
construed to include the sovereign states like former Indian states to which the
Code could not be extended.
Section 44 states the execution of decrees passed by Revenue Court in places to
which this Code does not extend
The State Government may, by notification in the Official Gazette, declare that
the decrees of any Revenue Court in any part of India to which the provisions of
this Code do not extend or any class of such decrees, may be executed in the
State as if they had been passed by Courts in that State.
A notification under this section does not alter the character or incidents of
a. foreign judgment. Accordingly an ex parte decree passed by a foreign
court against a non-resident foreigner does not become executable by reason of
the notification. The relevant date for executability is the date when the
order is to be made, so that if the notification was made on or before that
date, the section would apply.
The period of limitation for executing decrees executable in India, is the
period prescribed by the law of India in force at the place where the execution
is applied for.
Section 44A states the execution of decrees passed by Courts in reciprocating
- Where a certified copy of decree of any of the superior Courts of any
reciprocating territory has been filed in a District Court, the decree may
be executed in India as if it had been passed by the District Court.
- Together with the certified copy of the decree shall be filed a
certificate from such superior Court stating the extent, if any, to which
the decree has been satisfied or adjusted and such certificate shall, for
the purposes of proceedings under this section, be conclusive proof of the
extent of such satisfaction or adjustment.
- The provisions of section 47 shall as from the filing of the certified
copy of the decree apply to the proceedings of a District Court executing a
decree under this section, and the District Court shall refuse execution of
any such decree, if it is shown to the satisfaction of the Court that the
decree falls within any of the exceptions specified in clauses (a) to (f) of
Explanation 1- Reciprocating Territory
means any country or territory
outside India which the Central Government may, by notification in the Official
Gazette, declare to be a reciprocating territory for the purposes of this
section; and superior Courts
, with reference to any such territory, means such Courts as
may be specified in the said notification.
Explanation 2- Decree
with reference to a superior Court means any decree or
judgment of such Court under which a sum of money is payable, not being a sum
payable in respect of taxes or other charges of a like nature or in respect to a
fine or other penalty, but shall in no case include an arbitration award, even
if such an award is enforceable as a decree or judgment.
Courts in India do not possess the same power as courts of the reciprocating
territory And, a decree of a non-reciprocating territory cannot be executed
The words District Courts in the section include the High Court in its
original side. And the words as if it had been passed by the district court
have the effect of making the entire scheme of Order 21 applicable in respect of
execution of decrees of foreign courts. However, the induction of Order 21
and its scheme does not have the effect of barring the judgment-debtor from
raising any plea based on cll (a) to (t) of section 13. The court shall
refuse execution if it is shown to the satisfaction of the court that the decree
falls within any of the exceptions in cll (a) to (f) of section 13.
A petition for the execution of a decree passed by a judge in Kuala Lumpur
(Malaysia) was filed in the court at T in India. The judgment debtor opposed it,
pleading that the decree is not conclusive and came within the exceptions under
section 13, cll (a), (c), (d) and (e). In reply, the decree-holder med photostat
copies of the summons served on the second occasion, affidavit of process server
of the foreign court and the letter passed by the judgment-debtor, where, by
acknowledging the receipt of the summons on the fast occasion and a statement of
the claim, judgment-debtor had given consent to take judgment for the suit
amount. The judgment-debtors contentions were overruled.
Section 45 states the execution of decrees outside India
So much of the foregoing sections of this Part as empowers a Court to send a
decree for execution to another Court shall be construed as empowering a Court
in any State to send a decree for execution to any Court established by the
authority of the Central Government outside India to which the State Government
has by notification in the Official Gazette declared this section to apply.
This is the only section which refers to the execution of a decree of Indian
courts in foreign territory. Such decrees can only be executed in foreign
territory by courts established thereby the Central Government and empowered by
a notification under this section. It is only when the court in a foreign
territory is a court established by the Central Government in the extra
territorial jurisdiction that there is power to provide for the transfer to it
of decrees of Indian courts for execution; for in foreign territory, execution
would be pursuant to the legislative authority or sovereign power of such State
The three previous sections dealt with the converse case of the execution by
Indian courts of decrees of:
- Indian courts in which the provisions of the Code do not extend (section
- Courts outside India which are established or continued by the Central
Government (section 43)
- Revenue Courts situate in India (section 44)
- Superior Courts of any reciprocating territory (section 44A)
All other decrees of foreign courts, that is, courts outside India not notified
under s 44 must be enforced by suit.
From the above judgments we can see that the Courts have interpreted the
provisions of the Civil Procedure Code, 1908 through various landmark judgments
leaving less ambiguity in the terms which make the law. There are still various
decisions of the High Courts which are varying and a definite decision has not
been given by the Supreme Court. Even though this is the situation, these
judgments have helped the Courts understand the provisions in a better way.
- Muhammad v Tikamchand (1925) LR 47 All 57, 58, 85 IC 746.
- Kasturi Rao v Mehar Singh AIR 1959 Punj 350
- Ramanna v Nallappa Raju, AIR 1956 SC 87.
- Gowrammal v Ungappa Gouder, AIR 1968 Mad 90.
- Meher Singh v Kasturi Ram, AIR 1962 Punj 394.
- Supra note 3 at 87
- Khodaijatul v Harihar, AIR 1926 Pat 209.
- Masrab Khan v Debnath Mali, AIR 1942 Cal 321.
- Muthukaruppa v Pair Kavundan, AIR 1924 Mad 32.
- Hamir Singh v. Bhawani Shanker, AIR 1980 Raj 134.
- Shaba Yeshwant Naik v. Vinod Kumar Gosalia, AIR 1985 Bom 99.
- Laxmi v. Karnataka Bank, AIR 1988 Kant 44.
- Gopal Krishan v. TG Laxman Shabhoque, AIR 1964 Mys 34.
- Syndicate Bank v. Mahadevappa, AIR 1985 Kant 85.
- Atava Akklamma v. Gajiela Papi Raddy, AIR 1995 AP 166.
- Citi Bank NA, New Delhi v lndo American Electricals Ltd AIR 1981 Del
- Benaras Ice Factory v. Shukalal, AIR 1961 CAL 422.
- Maseyk v. Steel, (1887) ILR 14 Cal 661.
- Aziz Baksh v. Sultan Singh, (1918) PR No 43.
- Latchman v. Maddan, (1881) ILR 6 Cal 513.
- Shanti Lal v. Mt Jamni Kuer, AIR 1940 All 331.
- Vasireddi Srimanthu v. Venkatappayya, AIR 1947 Mad 347.
- VD Modi v. RA Rehman, AIR 1970 SC 1475.
- State of Madhya Pradesh v. Mangi Lal, AIR 1998 SC 743.
- State Bank of Travancore v. Indexport Registered, AIR 1992 SC 1750.
- Janendra Mohan v. Rabindra Nath, AIR 1933 PC 61.
- Kiran Singh v. Chaman Paswan, AIR 1954 SC 340.
- Chinnaswami v. Annamalai, AIR 1941 Mad 309.
- Chandrawathi Amma v. Cheripumma, AIR 1966 Ker 318.
- Firm Hansraj v. Firm Lalji Raja & Sons, AIR 1963 SC 1180.
- Mahadeo Prasad Singh v. Ram Lochan, AIR 1981 SC 416.
- Kusum v. Sailen, AIR 1935 Cal 118.
- Inderchand v. Bansropan, AIR 1948 Pat 307.
- Basheer Ahmed v. Padmanabha, AIR 1953 Mys 37.
- Chhaganlal v. Shyamlal, AIR 1960 MP 387
- Section 41, Code of Civil Procedure, Act no. 05 of 1908
- Inderchand v. Baansropan, (1947) 26 Pat 307.
- Basheer Ahmad v. Padmanabha, AIR 1953 Mys 37
- Prahlad v. Thakur, AIR 1961 Pat 149
- Shimoga Oil Mills v. Sri Radhakrishna Oil Mills, AIR 1969 Pat 263
- Section 42, Code of Civil Procedure, Act no. 05 of 1908
- Jonalagadda v. Sivaramakrishna Rao, AIR 1944 Mad 145
- Vithu v. Ganesh, AIR 1923 Bom 396
- Abda Begum v. Muzaffar, (1898) 20 All 129
- Bhagmal v. Purushotham, AIR 1963 MP 154
- Jai Narain v. Kedarnath, AIR 1956 SC 359
- Section 42(2), Code of Civil Procedure, Act no. 05 of 1908
- Section 42(3), Code of Civil Procedure, Act no. 05 of 1908
- Rajerav v. Nanarav, (1887) 11 Bom 528.
- Pexata v. Digambar, (1891) 15 Bom 307.
- Sudhashiv v. Jayanti, (1884) 8 Bom 185.
- Gajadhar v. Firm Manulal, AIR 1925 Pat 807.
- Prithi Chand v. Satya, AIR 1932 Pat 158.
- Radha Kishen v. Bihari Lal, AIR 1934 Lah 117
- Shaukat Hussain v. Bhuvaneshwari Devi, AIR 1973 SC 528
- Hari v. Narsingrao, (1914) ILR 38 Bom 194
- Husein v. Sanju, (1891) ILR 15 Bom 28
- Sunder Rao v. Appiah Naidu, 1954 ILR Mys 153
- Mangal Chand v. Dulari, 1938 All LJ 980
- Krishna v. Ganga, 1946 ILR Pat 790
- Section 43, Code of Civil Procedure, Act no. 05 of 1908
- Kishendas v. Indo-Carnatic Bank, AIR 1958 AP 407
- Kantilal v. Dominion of India, AIR 1954 Cal 67
- Section 44, Code of Civil Procedure, Act no. 05 of 1908
- Nilratan v. Cooch Behar Loan Officer, AIR 1954 Cal 64
- Rajendra v. Shankar, AIR 1958 All 775
- Chunilal Kasturchand v. Dundappa, AIR 1951 Bom 190
- Amarnath v. Naraindas, AIR 1947 Oudh 206
- Section 44-A, Code of Civil Procedure, Act no. 05 of 1908
- Sheikh Ali v. Sheikh Mohd, AIR 1967 Mad 45
- Muthiah Chettiar v. Firm Shwebo, AIR 1957 Mad 25
- Supra note 35
- Morteys Biham Ltd. v. Roshan Lal, AIR 1961 Bom 156
- International Wollen Mills v. Standard Wool Ltd,  2 LRI 765
- Mohd Abdulla v. PM Abdul Rahim, AIR 1985 Mad 379
- Section 45, Code of Civil Procedure, Act no. 05 of 1908
- Pierce Leslie v. Perumal, (1917) ILR 40 Mad 1069