Whoever desires to obtain execution of [any decree or order] [ Substituted by A.O. 1950, for " any order" .] of [the Supreme Court] [ Substituted by A.O. 1950, for " His Majesty-in-Council" .] shall apply by petition, accompanied by a certified copy of the decree passed or order made in appeal and sought to be executed, to the Court from which the appeal to [the Supreme Courts] [Substituted by A.O. 1950, for " His Majesty-in-Council" .] , was preferred.

Such Court shall transmit the [decree or order] [ Substituted by A.O. 1950, for " order" .] of [the Supreme Court] [Substituted by A.O. 1950, for " His Majesty-in-Council" .] to the Court which passed the first decree appealed from, or to such other Court as [the Supreme Court] [ Substituted by A.O. 1950, for " His Majesty-in-Council" .] by such [decree or order] [ Substituted by A.O. 1950, for " order" .] may direct and shall (upon the application of either party) give such directions as may be required for the execution of the same; and the Court to which the said [decree or order] [ Substituted by A.O. 1950, for " order" .] is so transmitted shall execute it accordingly, in the manner and according to the provisions applicable to the execution of its original decrees.

[***] [ Sub-rule (3) omitted by A.O. 1950.]

[] [Inserted by Act 26 of 1920, Section 5.] [Unless the Supreme Court otherwise directs, no decree or order of that Court] [ Substituted by A.O. 1950, for certain words.] [shall be inoperative on the ground that no notice has been served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the Court whose decree was complained of or at any proceedings subsequent to the decree of that Court, but such order shall have the same force and effect as if it had been made before the death took place.] [Inserted by Act 26 of 1920, Section 5.]

High Court Amendments-[Allahabad].-For rule 15 (1), substitute the following rule: "(1) Whoever desires to obtain (a) execution of any decree or order of the Supreme Court, or (b) where an appeal has been dismissed by the Supreme Court for want of prosecution, an order of the Court from which the appeal to the Supreme Court was preferred, terminating proceedings and determining the costs, shall apply to the said Court by a petition, accompanied by a certified copy of the decree passed or order made by the Supreme Court of which execution is desired, or to which effect is to be given and a memorandum of all costs incurred in India that are claimed in pursuance thereof."-(7-4-1928). [Andhra Pradesh].-(a) Substitute the following for sub-rule (1) of rule 15 of Order XLV: "15.(1) Whoever desires to obtain execution of any appellate decree or order of the Supreme Court shall apply by petition accompanied by a certified copy of the said decree or order, to the Court of first instance. Explanation.-The Court of first instance in this rule shall mean the Court in which the suit or proceeding was first instituted and where such Court 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." (b) Delete sub-rules (2) and (3); and (c) Re-number sub-rule (4) as sub-rule (2).-(9-8-1957). [Bombay].-In Order XLV, for the existing rule 15 and its marginal note, substitute the following as rule 15 and its marginal note: "15. Procedure to enforce order of the Supreme Court.-(1) (a) Any decree passed or order made by the Supreme Court in exercise of the appellate jurisdiction including any order as to the costs of, and incidental to, any proceedings in that Court shall be enforceable in accordance with the provisions of law for the time being in force relating to the enforcement of the decrees or orders of the Court or Tribunal from which the appeal to the Supreme Court was preferred or sought to be preferred. (b) The costs incurred in the High Court as incidental to the Supreme Court Appeal including the costs in the application for leave to appeal to the Supreme Court shall be recoverable, where awarded, by execution of the order of the High Court in the same manner in which the decree or order of the High Court from which the appeal to the Supreme Court was preferred or sought to be preferred, would have been executed. (2) Unless the Supreme Court otherwise directs no decree or order of that Court shall be inoperative on the ground that no notice has been served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing of the Court whose decree was complained of or at any proceedings subsequent to the decree of that Court but such order shall have the same force and effect as if it had been made before the death took place. "-(1-10-1983). [Karnataka].-In rule 15 delete sub-rules (1) and (2).-(R.O.C. No. 2526/1959, dated (9-2-1967). [Madras].-In Order XLV, rule 15: (i) Substitute the following in the place of the existing sub-rule (1): "15.(1) Whoever desires to obtain execution of any appellate decree or order of the Supreme Court shall apply by petition accompanied by a certified copy of the said decree or order to the Court of first instance. Explanation.-The Court of first instance in this rule shall mean the Court in which the suit or proceeding was first instituted and where such Court 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." (ii) Delete sub-rules (2) and (3) and re-number the present sub-rule (4) as sub-rule (2).-(8-5-1958).

Whoever desires to obtain execution of [any decree or order] [ Substituted by A.O. 1950, for " any order" .] of [the Supreme Court] [ Substituted by A.O. 1950, for " His Majesty-in-Council" .] shall apply by petition, accompanied by a certified copy of the decree passed or order made in appeal and sought to be executed, to the Court from which the appeal to [the Supreme Courts] [Substituted by A.O. 1950, for " His Majesty-in-Council" .] , was preferred.

Such Court shall transmit the [decree or order] [ Substituted by A.O. 1950, for " order" .] of [the Supreme Court] [Substituted by A.O. 1950, for " His Majesty-in-Council" .] to the Court which passed the first decree appealed from, or to such other Court as [the Supreme Court] [ Substituted by A.O. 1950, for " His Majesty-in-Council" .] by such [decree or order] [ Substituted by A.O. 1950, for " order" .] may direct and shall (upon the application of either party) give such directions as may be required for the execution of the same; and the Court to which the said [decree or order] [ Substituted by A.O. 1950, for " order" .] is so transmitted shall execute it accordingly, in the manner and according to the provisions applicable to the execution of its original decrees.

[***] [ Sub-rule (3) omitted by A.O. 1950.]

[] [Inserted by Act 26 of 1920, Section 5.] [Unless the Supreme Court otherwise directs, no decree or order of that Court] [ Substituted by A.O. 1950, for certain words.] [shall be inoperative on the ground that no notice has been served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the Court whose decree was complained of or at any proceedings subsequent to the decree of that Court, but such order shall have the same force and effect as if it had been made before the death took place.] [Inserted by Act 26 of 1920, Section 5.]

High Court Amendments-[Allahabad].-For rule 15 (1), substitute the following rule: "(1) Whoever desires to obtain (a) execution of any decree or order of the Supreme Court, or (b) where an appeal has been dismissed by the Supreme Court for want of prosecution, an order of the Court from which the appeal to the Supreme Court was preferred, terminating proceedings and determining the costs, shall apply to the said Court by a petition, accompanied by a certified copy of the decree passed or order made by the Supreme Court of which execution is desired, or to which effect is to be given and a memorandum of all costs incurred in India that are claimed in pursuance thereof."-(7-4-1928). [Andhra Pradesh].-(a) Substitute the following for sub-rule (1) of rule 15 of Order XLV: "15.(1) Whoever desires to obtain execution of any appellate decree or order of the Supreme Court shall apply by petition accompanied by a certified copy of the said decree or order, to the Court of first instance. Explanation.-The Court of first instance in this rule shall mean the Court in which the suit or proceeding was first instituted and where such Court 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." (b) Delete sub-rules (2) and (3); and (c) Re-number sub-rule (4) as sub-rule (2).-(9-8-1957). [Bombay].-In Order XLV, for the existing rule 15 and its marginal note, substitute the following as rule 15 and its marginal note: "15. Procedure to enforce order of the Supreme Court.-(1) (a) Any decree passed or order made by the Supreme Court in exercise of the appellate jurisdiction including any order as to the costs of, and incidental to, any proceedings in that Court shall be enforceable in accordance with the provisions of law for the time being in force relating to the enforcement of the decrees or orders of the Court or Tribunal from which the appeal to the Supreme Court was preferred or sought to be preferred. (b) The costs incurred in the High Court as incidental to the Supreme Court Appeal including the costs in the application for leave to appeal to the Supreme Court shall be recoverable, where awarded, by execution of the order of the High Court in the same manner in which the decree or order of the High Court from which the appeal to the Supreme Court was preferred or sought to be preferred, would have been executed. (2) Unless the Supreme Court otherwise directs no decree or order of that Court shall be inoperative on the ground that no notice has been served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing of the Court whose decree was complained of or at any proceedings subsequent to the decree of that Court but such order shall have the same force and effect as if it had been made before the death took place. "-(1-10-1983). [Karnataka].-In rule 15 delete sub-rules (1) and (2).-(R.O.C. No. 2526/1959, dated (9-2-1967). [Madras].-In Order XLV, rule 15: (i) Substitute the following in the place of the existing sub-rule (1): "15.(1) Whoever desires to obtain execution of any appellate decree or order of the Supreme Court shall apply by petition accompanied by a certified copy of the said decree or order to the Court of first instance. Explanation.-The Court of first instance in this rule shall mean the Court in which the suit or proceeding was first instituted and where such Court 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." (ii) Delete sub-rules (2) and (3) and re-number the present sub-rule (4) as sub-rule (2).-(8-5-1958).