Chapter III — ADMINISTRATION OF JUSTICE BY VILLAGE AUTHORITIES

Section 46Execution of decree

Section 46: Execution of decree

46. Execution of decree

(1)

If the village court passing a decree is unable to effect satisfaction thereof, it shall grant the decree-holder a certificate to that effect stating the amount due to him on account of the decree and the amount due on account of fees under section 45.

(2)

Any decree-holder wishing to execute a decree of a village court may apply to the court of the munsiff within the local limits of whose jurisdiction the village is situated and shall present with his application a certified copy of the decree of the village court; but no application for execution shall be entertained by the court of the munsiff,—

(a)

unless the village court has certified that it is a unable to effect satisfaction of the decree, and

(b)

unless the application is made after the expiry of three months from the date of the decree.

(3)

In executing a decree of the village court the court of the munsiff shall have the same powers and shall follow the same procedure as if it were executing a decree passed by itself.