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.
Choose your answer
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?
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.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Punjab Judicial Services
-
CUET PG Law (LL.M.)
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision