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Under the central text of Order XXI rule 5 of the Code of Civil Procedure, 1908, what must a court do…

The second limb of Order XXI rule 5 directs a receiving court that lacks execution jurisdiction to send the decree to the competent court.

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Under the central text of Order XXI rule 5 of the Code of Civil Procedure, 1908, what must a court do if it receives a decree for execution but lacks jurisdiction to execute it?

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Answer and explanation

Correct answer C

The second limb of Order XXI rule 5 directs a receiving court that lacks execution jurisdiction to send the decree to the competent court.

Option feedback

Option A

The rule directs onward transmission to the competent court. It does not require automatic return on that ground.

Option B

The rule identifies the court with execution jurisdiction and does not designate the High Court merely because the recipient lacks jurisdiction.

Option C

The receiving court must send the decree onward to the court having execution jurisdiction.

Option D

The rule expressly contemplates a receiving court without jurisdiction and prescribes onward transmission in that event.

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