act 025 of 1852 : Execution of Decrees on Appeal Act, 1852 [Repealed]

Execution of Decrees on Appeal Act, 1852 [Repealed]

ACTNO. 25 OF 1852
05 February, 1853
Repealed by Act 6 of 1874
Passed by the Governor General of India in Council, on the 14th May, 1852.
An Act for the execution of decrees made in appeal by Her Majesty in Council, or by the Courts of Sudder Dewanny Adawlut and of the Zillah and City Judges in the Presidency of Fort William in Bengal.

Whereas it is expedient to amend the law relating to the execution of decrees made and passed in appeal by Her Majesty in Council, and by the Courts of Sudder Dewanny Adawlut, and of the Zillah and City Judges in the Presidency of Fort William in Bengal. It is hereby enacted as follows:

Section 1.

1. Every decree or order in appeal of Her Majesty in Council, or of any Court of Sudder Dewanny Adawlut, or of any Zillah or City Judge which shall be made after the passing of this Act, and also every such decree or order in appeal which has been made before the passing of this Act, and for the execution or enforcement whereof no petition has been presented, shall be enforced and executed by the Court which made the first decree or order appealed from, in the manner and according to the rules and laws applicable to the execution and enforcement of original decrees or orders made by such last-mentioned Court.

Section 2.

2. Any party desirous of enforcing or obtaining execution of any such decree or order made in appeal as aforesaid, shall present a petition for that purpose to the Court which made the first decree or order appealed from, and the said petition shall be accompanied by a certified copy of the decree or order made in appeal, and sought to be enforced or executed.

Section 3.

3. An appeal shall lie from any decree or order made by such last-mentioned Court relating to the enforcement or execution of any such decree or order made in appeal as aforesaid in the same manner and subject to the same laws, rules and regulations as an appeal from an order or decree made upon a petition for the enforcement or execution of the decree of older first appealed from would have been.

Section 4.

4. Nothing herein contained shall be construed so as to prevent any Court of Sudder Dewanny Adawlut from enforcing or obtaining execution of a decree or order made or passed by Her Majesty in Council, if Her Majesty in Council shall think fit to decree or order the said Court of Sudder Dewanny Adawlut to enforce or execute the same.

Section 5.

5. The provisions of Section VIII., Act XXV., 1837 of the Bengal Code shall extend to proceedings under this Act.

Section 6.

6. This Act shall apply only to the Presidency of Fort William in Bengal.